Factors necessary for a medical malpractice suit

Factors necessary for a medical malpractice suit

On Behalf of | Mar 12, 2021 | Medical Malpractice |

Although Oklahoma healthcare professionals and facilities, such hospitals must provide standards of care, they are not liable for all harms a patient experiences. However, if the provider deviates from the quality of care you expect in a particular situation, they may face a malpractice claim.

According to Medical News Today, medical malpractice typically involves a medical professional making an error. This could be in the diagnosis, health management, medication dosage, treatment or aftercare of a patient. Several factors must be present for a medical malpractice suit.

Dereliction of duty

Doctors must have the trust of their patients. If a physician performs the wrong procedure, provides inappropriate treatment or gives a mistaken diagnosis, it is a dereliction of duty. A doctor who operates in an unsanitary environment or uses unsterilized tools also violates patient trust.

Duty of care

Healthcare providers take oaths that require they provide the necessary medical care when possible and treat their patients with respect. This is the duty of care. If they do not have the qualifications needed for treating your health issue, their duty requires that they refer you to another healthcare provider who does. The doctor fails in their duty of care when they do not.

Direct cause

If a misdiagnosis results in death or a wrong procedure results in the removal of an incorrect limb, the doctors’ actions are the direct cause of a negative outcome. Obtaining medical records and related documentation is critical for proving direct cause.

Damages

Lost wages, medical expenses and emotional distress are common damages cited in medical malpractice claims. The court might award punitive damages if the doctor’s actions resulted in the wrongful death of a loved one.

A review of your medical history, or that of a loved one and a deep understanding of the legal requirements can help you obtain financial compensation for damages caused by a medical professional’s negligence.