Elements of a Medical Malpractice Lawsuit
If you are the victim of a medication error, you could file a lawsuit against the healthcare provider responsible for the mistake. To secure compensation in your claim, you will need to establish that the at-fault party’s negligence caused the error and your injuries. You and your attorney will need to gather enough evidence to prove the following four elements.
- Duty of care: The at-fault party owed you a duty of care. All medical professionals have a duty to provide a certain standard of care to patients they treat in a formal capacity, such as at a hospital or clinic.
- Breach of duty: The at-fault party breached his or her duty of care through a negligent act or failure to act. His or her actions must deviate from what a similarly trained provider would have done under the same circumstances.
- Causation: The at-fault party’s breach of duty caused your injuries. If a doctor prescribed too much medication, for example, this would be his or her breach of duty. If you overdose on the medication, you can prove that your injuries would not have occurred if the doctor prescribed the right amount.
- Damages: You sustained damages due to the medication error that you can claim in your lawsuit. These may include medical expenses, lost wages, and pain and suffering.
