5 Elements of Negligence
Nobody wants to become the victim of medical malpractice. The thought of this happening to you or somebody you know is a terrifying concept. We expect our doctors to be the cure to our ailments and finding out that they were negligent with our care is both scary and a cause for financial compensation. If you think that your doctor may have been negligent, you should contact a personal injury attorney in Orlando. Our lawyers at Payer Law can help you with your claim.
In the meantime, here are five elements of medical negligence that you should be aware of:
1. Damages
In order to prove damages, a plaintiff must be able to show evidence of physical harm. This is a legally recognized form of negligence and not just a case of the defendant failing to recognize that care was needed. Failure to recognize care must result in actual damages to the person or the person’s property. Talk to your personal injury attorney in Orlando to discuss which injuries fall under this umbrella.
2. Proximate Cause of Medical Malpractice
This relates to the defendant (your doctor’s) responsibility in a negligence case. In this matter, your doctor is only responsible for harms that he or she could have foreseen while under the instruction of your care. If the harm you procured were outside of your doctor’s reasonable scope of potential risks, then their actions are not the proximate cause of your damages.
For example, let us say that you had a doctor’s appointment schedule for a Friday afternoon. Due to overscheduling or some other unforeseen circumstance, your appointment is changed to Monday morning. On the way to said appointment, you are involved in a damaging car accident. In this case, your doctor can not be sued for negligence, because your doctor could not have foreseen this circumstances unfolding and resulting in your further injury.
3. Duty
In some cases, your doctor may have owed you a certain duty. A duty is recognized by law under the circumstances in which your doctor is required to provide you appropriate services. For example, if you go to your doctor and tell them you have been experiencing headaches, it is their duty to provide you with a medical solution. If your doctor prescribes medication or some other offer to subside these issues, then they are doing their due diligence. However, if your doctor does not prescribe any form of medication or other suggestions in which to cure your complaints, then they are not fulfilling their duty as your doctor. In this case, you may be able to claim medical malpractice.
4. Breach of Duty
This means that your doctor failed to service you with their legal duty. Despite the example above, it may not be enough to prove that your doctor owed you a duty. You must also prove that your doctor failed to exercise reasonable care in fulfilling that duty. In this case, let’s say that your doctor does prescribe medication for your headaches. However, your headaches do not subside. Then, you inform your doctor of your further discomforts. If after this, your doctor does not take further actions, then they are not fulfilling their job and they are liable to be accused of breach of duty.
5. Cause in Fact
Under this rule, you must prove that your doctor is the cause of your injury. This form of negligence must reflect that your injury was further propelled, or a new injury was revealed after the care of your doctor. This can cause garner your doctor a guilty status in the cause of fact clause under the elements of negligence.
Speak with a personal injury attorney in Orlando by contacting us at Payer Law today.
