What Are the Four Elements of Medical Malpractice?
The four elements of medical malpractice are:
- Proving a healthcare provider owed a “professional duty” to the patient
- There was a “breach” of this duty.
- This breach caused an injury.
- The injury resulted in damages.
If you have suffered serious injuries due to medical fault, a medical malpractice lawyer from our team can help you prove that what happened to you or your loved one fits with these four elements. That way, you can pursue compensation for your injuries through a personal injury claim or lawsuit.
Proving Negligence in Medical Malpractice Claims
Before you can pursue a medical malpractice case, you must be able to prove negligence on the healthcare provider’s part.
1. Professional Duty of Care
The duty your healthcare provider owes to you is to provide you with comparable services to those you could receive from another provider with similar training and experience. This means you should be able to expect and receive similar care from one heart surgeon versus another heart surgeon, from one oncologist versus another oncologist, etc.
2. Breach of Duty of Care
The American Bar Association (ABA) explains that if your doctor, nurse, or another medical professional in charge of your care fails to meet this standard, they might have breached their duty of care.
For example, if you are concerned you might have cancer, you can expect your oncologist to run tests to see if this is the case. If your oncologist fails to take these steps, they may have breached their duty to you.
Some common bases for medical malpractice claims are as follows:
- Failure to treat
- Failure to diagnose
- Prescription errors
- Faulty medical devices
- Surgical errors
3. Injuries Resulting From the Breach of Duty of Care
According to the Legal Information Institute (LII), if this breach in duty on behalf of your healthcare provider results in serious injury, then you may be entitled to damages to compensate for your losses.
Some injuries for which you can pursue damages in medical malpractice cases are as follows:
- Worsened underlying conditions due to a failure to treat or diagnose in a reasonably timely manner
- New medical conditions caused by faulty products, misdiagnosis and treatment, and other forms of recklessness.
- Death of a loved one due to medical negligence
4. Losses Resulting From Your Injuries
Lastly, you and your lawyer will need to show that your injuries caused you harm in order to successfully recover compensation through a medical malpractice claim or lawsuit. Medical malpractice often leads to physical and emotional pain and suffering.
The law may entitle you to recover fair and reasonable compensation for all of your past and future pain and suffering caused by medical malpractice. You may also have economic damages stemming from the incident that harmed you or a loved one.
Economic damages may include things like:
- Compensation for your past and future medical bills
- Lost wages
- Lost earning potential
- Out-of-pocket expenses
If you lost your loved one due to injuries from medical malpractice, you could also pursue economic damages for the decedent’s:
- Medical bills
- Lost wages
- Lost earning potential
- Funeral and burial costs
Our medical malpractice lawyers from our New York law firm can evaluate your case and give you a better idea of what kinds of damages you can recover in your situation.
How Our Lawyers Can Help You With Your Medical Malpractice Case
Our lawyers can help you recover compensation by taking the steps necessary to gather and preserve evidence, consult with qualified medical experts to prove the malpractice took place and build a strong case for maximum compensation.
Some of the steps we will take in your case may include:
- Investigation. Our lawyers can investigate the circumstances surrounding your injuries to determine the at-fault parties and uncover evidence that can be useful in your lawsuit.
- Negotiation. Our lawyers can negotiate with representatives of the at-fault medical provider on your behalf so that you can focus on your own recovery.
- Advocacy. A lawyer with our firm will advocate for your rights in court if the at fault party or parties refuse to settle your claim for a fair and reasonable sum.
- Advice. Our lawyers can be your adviser, laying out your options and communicating with you about developments in your case.
Contact Dansker & Aspromonte Associates LLP Today
At Dansker & Aspromonte Associates LLP, we are steadfast advocates for the wrongfully injured throughout the New York City area. Since 1988, we have been on the side of people like you—people who need help after they are hurt due to someone else’s negligence.
With hundreds of millions of dollars recovered on behalf of our clients, we have the results to back up our claims. Let us fight to recover compensation for you and your loved ones as you focus on what really matters – your health and your family.
Don’t delay, as your time to file a claim is limited. If you fail to file your claim by the applicable deadline, you could be forever prevented from recovering the compensation you deserve.
Innovative Legal StrategiesEach client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.
Small Firm Dedication & FocusOur firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.
Providing Answers & SolutionsOur team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.
Proven Record of SuccessDansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.