To be successful, any medical malpractice claim must demonstrate that there are four specific elements. These elements, the “4 D's” of medical negligence, are (duty), (deviation from the standard of care), (damage) and (direct cause). Cases involving medical malpractice and the resulting medical malpractice lawsuits are among the most complex legal issues. Doctors and hospitals are often well prepared to protect against these claims, and malpractice insurance providers make fighting these claims their lifelong job.
However, it is important to note that the fact that something goes wrong or that the patient's condition is going from bad to worse does not always mean that the patient has a legitimate medical malpractice claim. For a court to determine that medical negligence occurred in your case, you must be able to demonstrate each of these four D's of negligence based on a preponderance (that is, most victims don't realize that they are victims of malpractice until years have passed or until their death reveals it, an autopsy reveals it). When a patient suffers an injury and proves that it was the direct result of medical negligence, a medical malpractice claim will be considered. This would usually be a daunting task for victims or their families, especially when doctors, hospitals, malpractice insurance providers, and legal teams want to pay as little as possible.
Medical negligence can also cause victims significant mental and emotional trauma, fear, and chronic pain. These experts, of course, have no relationship with the medical treatment provider or providers accused of negligence. Attorneys specializing in patient medical malpractice needed to refute these defenses with their own investigations and expert witnesses. The key to establishing this duty in a medical malpractice case is to demonstrate that the plaintiff and the defendant had a doctor-patient relationship.
When there was negligence but there was no resulting injury, negligence does not constitute medical negligence. Doctors and healthcare providers who deviate from an accepted industry standard may be held liable for medical negligence. The medical malpractice lawyers at O'Connor, Parsons, Lane & Noble have decades of experience and know how to file a successful medical malpractice lawsuit.
