The Three Vital Elements Required for a Medical Malpractice LawsuitApril 23, 2012
Just because you are unhappy with your treatment or its results doesn’t necessarily mean medical malpractice was the reason for your dissatisfaction or poor outcome. In fact, medical malpractice is often difficult to prove. Even if your doctor or other health professional made a mistake, if that mistake didn’t harm you, it was not legally malpractice.
In order to be considered medical malpractice, your case must meet three vital elements. Let’s look at these in some more detail:
- Negligence. Medical negligence is a medical professional’s act—or failure to act—that causes injury or harm to you as a patient. The issue at hand here is standard of care. Standard of care is the generally accepted method(s) used by similar medical professionals in the area to treat patients in similar circumstances to your own.
- Proximate Cause. Proximate cause is an event that is related enough to an injury that it can be held as the cause of that injury. Simply stated, without this act, no injury would have occurred. The doctor’s action (or inaction) is the proximate cause of the injury when talking about medical malpractice.
- Damages. The third element is damages. Damage is the harm done to the patient because of the medical professional’s negligence. You must be able to prove you were harmed as a direct result of the doctor’s action or inaction.
If not all three of these elements exist, your case may be without merit. However, you should still consult a Baltimore malpractice lawyer at LeViness, Tolzman & Hamilton, P.A. if you believe you have been the victim of medical malpractice.