What Is a Breach of Duty In a Medical Malpractice Case?
Anytime we are hurt or injured, it’s painful and distressing, but we trust our doctors and other medical providers with our health, safety, and our very lives. That’s why it’s even more devastating to suffer an injury or worsened medical condition at the hands of a doctor. While nothing can erase the harm caused, an Atlanta medical malpractice lawyer can help.
A successful medical malpractice claim against the negligent provider brings a sense of justice through the financial compensation you or your loved one deserves. But first, a successful claim requires proving the medical provider’s breach of duty.
Understanding Duty of Care In Medical Malpractice
Most personal injury claims are based on the understanding that we all owe a general duty of care to those around us, requiring us to take reasonable measures to avoid causing them injury; however, doctors are held to a higher duty of care for their patients. A medical provider’s duty of care requires them to treat their patient at the level of care that the medical community accepts as appropriate. Unfortunately, when medical providers don’t meet accepted standards of care, they make mistakes or oversights that can cause serious harm to patients who place their lives in their hands.
Standards of Liability In a Medical Malpractice Claim In Atlanta
A successful medical malpractice claim requires compelling evidence of the medical provider’s liability. It is the injury victim’s responsibility to prove the negligent provider’s breach of duty. To prove liability in an Atlanta personal injury lawsuit, the injury victim must show that the case meets the legal elements of liability as follows:
- A doctor/patient relationship was in place at the time the malpractice occurred
- The doctor or medical provider owed a duty to their patient, requiring them to provide the medical community’s accepted level of care
- They breached their duty of care
- The breach of duty caused injury or harm to the patient
- The patient suffered economic and non-economic damages from the injury
Damages in medical malpractice cases are often extensive. In the worst cases, medical malpractice causes wrongful death. An alarming Johns Hopkins study suggests that medical malpractice may be the third leading cause of death in the United States.
What Evidence Proves a Medical Provider Breached their Duty of Care?
Evidence in medical malpractice claims often includes the patient’s medical record showing their condition before the malpractice, as well as all medical records and physicians’ notes from the facility where the malpractice occurred, and from the additional medical treatment received after the malpractice injury. It’s also necessary to prove that the medical malpractice victim suffered economic damages, such as additional medical expenses and lost income, and non-economic damages like pain, suffering, disability, or shortened life expectancy. In the worst cases, wrongful death damages are available to a close family member following a medical malpractice wrongful death case.
How Can a Medical Malpractice Lawyer In Atlanta Help?
A successful medical malpractice claim requires meticulous attention to filing details and deadlines, as well as clear and concise evidence demonstrating that a breach of duty occurred. Reach out to an experienced medical malpractice attorney in Atlanta to represent your best interests throughout the process.