Did you or a loved one suffer from clinical negligence on the part of your physician? Do you believe your doctor is at fault for medical malpractice and you or your family member faced an unnecessary injury? If so, consider filing a clinical negligence claim in court.
5 key factors involved in clinical negligence claims
To file a medical malpractice lawsuit, you will need the assistance of experts like these Chicago medical malpractice lawyers who can get you the settlement you deserve. Before filing anything with a lawyer, review the top five factors necessary for a successful clinical negligence claim below.
1. Establishing a doctor-patient relationship
Your attorney will need to establish that a doctor-patient relationship existed. For example, you will have to provide medical bills for services rendered along with the physician’s name in the documents.
You must show that you went to a healthcare facility and received medical treatment. You may have signed paperwork at the medical practice or hospital that your lawyer can use to prove your case. By establishing that doctor-patient relationship, you can then show that the physician needed to attain a legal duty of care.
2. A duty of care must be established in clinical negligence claims
All physicians owe their patients a standard duty of care. Their level of healthcare services should reach that of all reasonably competent physicians with similar skills and experience in the same medical field.
The duty of care level also relates to the geographic area where doctors reside. For example, a doctor in Dallas, Texas, would get compared to other physicians in the city instead of doctors in New York City.
In addition, a doctor is not required to diagnose and treat a patient with a medical condition outside the scope of the physician’s professional experience.
3. Deviation from the standard of care
When physicians or other healthcare professionals deviate from the standard of care and do not treat patients with the same level of care or skill as other medical professionals, they may end up at fault for medical malpractice.
Essentially, a deviation from the standard of care is associated with clinical negligence. Common deviations or breaches of duty of care include:
- Providing unnecessary or hazardous treatments
- Prescribing the wrong dosage of medication or improper medicine
- Implementing inaccurate treatments and/or surgeries
4. The injury and damages caused by breaching the duty of care
Your attorney will need to prove that your doctor caused your injury and other harm by breaching their duty of care. It is vital to prove that part, as not all deviations from care may lead to actual harm to the patient.
You’ll need to show that real damages were caused, such as extra medical costs to fix your doctor’s harm. Along with showing that a healthcare provider’s action caused injuries and damages, your lawyer may also need to establish that the physician’s inaction led to harm.
5. The doctor’s negligence directly caused calculable losses for the plaintiff
The clinical negligence on behalf of the doctor needs to cause the victim to face calculable losses for a successful medical malpractice lawsuit.
The type of calculable losses or damages can entail physical, mental, financial, or emotional issues. For example, if you become disabled, even temporarily, you may want to sue for lost wages and extraneous medical costs. You can also file a lawsuit on behalf of pain and suffering due to clinical negligence.
Summary of factors affecting clinical negligence claims
These five factors play an important role in getting the compensation you deserve for clinical negligence. You should hire an experienced attorney specializing in medical malpractice claims.
Your lawyer will need to prove that your doctor had a duty of care that they breached. The deviation from the duty of care should have also led to specific injuries and damages. Providing this proof will help you will gain the deserved settlement.