What Happens When a Doctor Causes Harm to a Patient?

Patient harm being caused

Medical malpractice is a case in which a doctor, either through negligence or malice, causes a patient harm. Though medical malpractice documentation has been going on for hundreds of years, they have become more frequent in the United States since the 1960s. In fact, many doctors and surgeons prepare for allegations of medical malpractice by purchasing malpractice insurance to counteract any claims. Although the pervasiveness of medical malpractice claims may lead some to believe most allegations are false, negligence in the medical community is a major issue that can be the difference between life and death for some patients.

What Defines Medical Malpractice?

If you are pursuing a medical malpractice case, it’s not enough to simply claim a doctor caused you or another patient harm. You must prove the care you received was subpar, negligent, and directly tied to your injury or illness. According to the National Institute of Health (NIH), to establish a medical malpractice case, four legal elements must be met:

  1. Legal responsibility to provide adequate care.
  2. Failure to adhere to standards of care
  3. Evidence that the doctor’s failure directly resulted in injury or illness
  4. Any damages that may result from the patient’s injury or illness, like loss of income or medical care costs

 In malpractice cases, the court will consider both economic loss and noneconomic loss, such as pain and suffering.

How Can You Litigate if a Doctor Caused You or a Loved One Patient Harm?

Each state handles malpractice claims differently, but most have a statute of limitations. If a patient waits too long to bring an allegation, the court may refuse to allow the litigation. Oftentimes, if a doctor causes harm to a patient, the doctor’s attorney will push for a resolution out of court. This prevents the doctor from facing a very public trial where their reputation will be on the line. If the two sides cannot reach an agreement, they can take the matter to trial. However, the onus is on the claimant to prove the allegation. In other words, the patient’s attorney must prove every aspect of medical malpractice.

Protecting Patients Nationwide Against Medical Malpractice

Our experienced Medical Malpractice attorneys are here to stand by your side and fight for your right to recompense. We believe that negligent healthcare professionals should be held accountable for their actions. We’ll advocate for your interests in the courtroom by crafting a careful strategy to ensure the best possible result.

If you were injured due to medical malpractice or know someone who has, contact us today or call (909) 345-8110 for a free consultation!

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