How Do I Know if I Have a Valid Medical Malpractice Claim?

    ATLANTA, GA, March 31, 2012 /24-7PressRelease/ -- Many medical procedures are associated with a certain degree of risk. It is possible for a doctor, nurse, or other medical professional to deliver appropriate treatment for your condition and still have something go wrong. In these cases, you most likely cannot hold the medical professional accountable for your injuries.

However, there are certain instances where medical professionals act negligently, resulting in an avoidable injury to the patient. Under these circumstances, you may be entitled to receive compensation through a medical malpractice claim.

Elements Needed to Prove Medical Malpractice

It is important to understand that medical malpractice claims are very difficult to prove. You must work with a lawyer who has a strong understanding of both the medical principles and the laws which apply to your case.

In order to achieve a successful outcome in your medical malpractice case, you must be able to prove the following four elements:

- A duty of care was owed
- This duty of care was breached
- The breach resulted in an injury
- You suffered damages due to this injury

The first element is the easiest to prove. This duty of care is implied by the doctor/patient relationship. When you receive medical treatment, the healthcare professional has a duty to provide you with care that meets the standards established by the medical profession.

The second element, a breach in this duty of care, can often be more difficult to prove. In some cases, such as when a doctor operates on the wrong area of your body, it may be fairly easy to prove a breach in the duty of care. However, most cases are not this clear cut. You will need to provide testimony from medical experts to conclusively demonstrate that this duty of care was breached and your treatment did not meet the standards established by the medical profession.

The third element can also be challenging to prove under some circumstances. While some injuries are obviously caused by a breach in the duty of care, such as when you develop an infection after a surgical instrument is left inside your body, most cases are not this obvious. For example, if your doctor failed to diagnose cancer in a timely manner, you must prove that this delayed diagnosis reduced your chances of a successful recovery or caused your treatment plan to be more invasive and painful. As with the second element, you will need to provide testimony from medical experts to support your claim.

The fourth element, damages associated with your injury, should be a bit easier to demonstrate. These may include:

- Medical expenses
- Long term care costs
- Lost wages
- Pain and suffering

Common Types of Medical Malpractice

Medical malpractice can be caused by a variety of medical errors. Some of the most common include:

- Anesthesia errors
- Surgical errors
- Emergency room errors
- Birth injuries
- Nursing errors
- Medication errors
- Hospital errors
- Failure to diagnose

For more information on medical malpractice claims, please visit the website of Robbins & Associates, serving clients in Atlanta, Georgia.

Website: http://www.robbinslaw.com

# # #