When we seek medical providers to help us with our health concerns, we expect that they will make sound decisions on our behalf. However, thousands of doctors, nurses, and other medical professionals make mistakes every year that cause injury—or even death—to their patients. In fact, a recent study by Johns Hopkins Medicine revealed that medical errors are the third leading cause of death in the United States—only outranked by heart disease and cancer. At Rodriguez Law Firm, our medical malpractice attorneys are compassionate but aggressive—we work closely with our clients during these difficult cases to ensure they are compensated for the injuries they have endured.
Medical malpractice claims include three primary elements: a medical professional’s duty to a patient, a breach of that duty, and harm that is directly caused by the breach of that duty. Each of these elements must be proven for a medical malpractice claim to prevail.
Providing evidence of a medical professional’s duty to a patient is usually fairly simple. When a patient consents to a medical procedure, that patient must sign forms that show the same. Consenting to medical treatment (or receiving medical treatment under emergency circumstances) establishes the relationship with the medical professional.
Proving the breach of the duty is a bit more complex. To show that a medical professional breached the duty of care to a patient, the standard of care must first be established. Typically, medical malpractice attorneys consult with medical experts in the same field to gain an understanding of the standard of care. For example, if a patient died during a heart surgery, medical malpractice attorneys will consult a cardiac medical expert to establish the standard of care. Working with the expert, the medical malpractice attorneys will identify the actions or omissions that caused the patient harm. At Rodriguez Law Firm, we work closely with medical experts to strengthen our clients’ claims.
Finally, the damages element of the claim must be established. The damages include all of the harm that the medical professional caused. For example, if a surgical mistake led to an infection, which will require subsequent surgeries in the future, the patient will need to provide medical records and medical bills that support these claims. Other records that may be provided include evidence of lost wages, prescription records, economist reports, and the estimated cost of future care.
Medical malpractice claims are not limited to physicians. In addition to medical doctors, the following professionals may also be liable for harm that they cause:
Of course, this list is not exhaustive. Any medical professional who harms a patient may be held liable.
Medical malpractice claims are highly complex and require a thorough understanding of medical procedures and health conditions. Without the guidance of a skilled medical malpractice attorney, a claimant’s case may fail, leaving the claimant responsible for all of the additional medical bills that have been incurred.
If you or a loved one was injured due to the negligence of a medical professional, contact the experienced personal injury attorneys at Rodriguez Law Firm 24/7 via phone at (571) 292-1209 or email for a free consultation, or to schedule an office visit. We fight hard so that you obtain maximum compensation, and there’s no fee unless we win your case.