4 Elements of a Successful Medical Malpractice Claim

Healthcare is as much an art as it is a science, and there are countless factors that affect how someone will respond to a particular procedure or medication. When patients do not thrive from the treatment modality that their provider prescribed, that does not necessarily mean they were the victim of malpractice.

In order for patients to have a valid medical malpractice claim, they must have suffered as the result of their practitioner’s negligence. A failure to provide reasonable care is the basis of all successful claims, and in order to prove this negligence, four elements must exist.

These elements are:

1. Duty;
2. Breach of Duty;
3. Damage; and
4. Causation.

If you think you were the victim of medical malpractice but you are not sure how to prove one or more of the above elements, contact The Bowling Law Firm. David A. Bowling is a medical malpractice attorney in New Orleans who will evaluate your case to determine if you have grounds for a claim.

Mr. Bowling will help you meet all required deadlines and avoid costly mistakes during the claims process. Call (504) 586-5200 to schedule a case evaluation.

Read on to learn more about the four elements that are required to file a successful malpractice claim:

1. Duty

In order to secure compensation for the damages you incurred, you must be able to prove that the provider owed you a duty of care. This can be as simple as demonstrating that there existed a doctor/patient relationship between you and the defendant.

2. Breach of Duty

If you responded poorly to a treatment but your provider acted with reasonable care when administering it, you would not have a valid claim. According to the American Bar Association, malpractice victims must be able to prove that their provider departed from the standard of care when treating them.

3. Damage

Falling victim to a provider’s breach of duty is not grounds for a lawsuit. You must have incurred actual damages as the result of the substandard care that you received. This might include emotional injury, new physical illnesses, new physical injuries, or the aggravation of existing injuries or illnesses.

4. Causation

Can you prove that the provider’s breach of duty was directly responsible for the damages you incurred? For most malpractice victims, this is one of the harder elements to prove. Fortunately, a medical malpractice attorney can help.

A seasoned lawyer will have access to the legal resources and medical experts you need to prove the four elements of your injury claim. By hiring an attorney, you will have quality guidance during every step of the claims process, from gathering evidence to negotiating for a fair settlement, so you can focus on recovering from your injuries.

If you received substandard care the last time you saw a doctor, contact The Bowling Law Firm to determine if you have grounds for a claim. Call (504) 586-5200 today to schedule a consultation with a medical malpractice lawyer in New Orleans. You can learn more about malpractice claims in Louisiana by visiting the USAttorneys website.