Medical malpractice occurs when a healthcare provider, like a physician or healthcare professional, acts carelessly in their field or causes harm to a patient under their care.
To demonstrate medical malpractice and secure rightful compensation, it is advisable to seek legal guidance from medical malpractice attorneys. These cases are typically more intricate than other personal injury claims, needing the verification of three key elements.
Breaching the Acceptable Standard of Care
Medical practitioners are obligated to provide proper care to their patients, ensuring they use their expertise to offer proficient treatment. Breaching this duty of care portrays medical negligence, hence establishing the first crucial element.
Establishing the Causation
Once the breach in the standard of care is established, it is essential to prove that it directly contributed to the resulting injury. Proving this causation can be challenging, particularly in cases involving delayed diagnosis or treatment, but expert testimony is often pivotal in showcasing this connection.
Assessing the Extent of Damages
The final component in a medical malpractice case involves demonstrating the damages suffered by the patient, which could include medical expenses, lost earnings, pain and suffering, or disability. It is important for patients to ensure that these damages are accurately evaluated to receive fair compensation.
Furthermore, in Pennsylvania, a patient pursuing a malpractice claim must obtain a Certificate of Merit from an expert endorsing that there is substantial evidence supporting the claim of professional negligence that led to the patient’s harm.
