Components Of Medical Malpractice Law
Medical malpractice occurs when a hospital staff is negligent in his duty. It can cause physical, emotional and even monetary damage to the patient. It is commonly associated with doctors. It is important to get someone who understands the elements of medical malpractice. Such a lawyer will help you to win the case against the doctor. There are elements required for any medical malpractice case. is one place where you will get great legal representation as far as the medical malpractice is concerned. Here are four components of medical malpractice law that you should know.
ComponentsHouston medical malpractice law firm
Duty refers to what the doctor’s obligation to provide a safe environment for the patient. The healthcare practitioner has a duty to give the patient the best treatment. Duty is required where there is a doctor-patient relationship. The practitioner must act according to the recommended care. It is used in determining the medical malpractice case. The attorney will use this to determine whether the doctor did his best to save the patient. If the health practitioner was negligent in his undertakings, then he will be sued for not treating the patient.
Breach of duty
There is a breach of duty if the healthcare practitioner did not exercise their medical skill that would have been used by a practitioner in a similar specialty. As such, an expert will be called upon to determine the recommended standard care. The breach of duty means the doctor failed to perform. The doctor will be liable because he has not performed his duty. For instance, breach of duty can occur when the nurse does not put the bed down for the patient.
Damages occur when there is a breach of duty. The patient will suffer emotional and physicals injury as a result of the breach. The injury can be an aggravation of the previous injury or a new injury. Damages mean that the patient got harmed because of the mistake the doctor did. However, if the doctor makes an error, but there are no damages, then he may not be charged. The damages are the evidence in the malpractice case.
There should be proof that the patient was injured as a result of the breach that took place. An instance of causation element can occur when a patient goes to the hospital and is given an overdose of a certain medication. The overdose can lead to adverse effect on the patient. As such, the healthcare practitioner will be held liable for medical malpractice. Causation will help the attorney know the extent of the damage caused to the patient.…