Medical malpractice cases are difficult for the victims. Not only do they have to deal with the impacts of the situation, but they also need to look into their legal options. The fact of the matter is that medical malpractice issues aren’t inexpensive. Oftentimes, these injuries come with more extensive medical care than what was originally planned. More time off work might also be necessary to obtain the additional care.
For the victims of these cases, the question of what they can do about the medical error often comes up. Filing a lawsuit might be possible, but only if there are three elements present in the case.
- The medical professional must have owed you a duty
- The duty they owed you must have been breached
- You must have suffered harm because of the breached duty
There is one thing that you have to know about these medical error cases. If there is a chance that the injury would have occurred without malpractice being a factor, you might not have a claim. This is known as the proximate cause.
As you can see, these cases can become complex simply based off of trying to determine if the issue had been present even if the malpractice didn’t occur. Many medical malpractice claims will require the assistance of a medical expert who can attest to the fact that the malpractice was the cause of the problem. Many of these cases hinge on the standard of care, which is something else that the medical expert may need to speak on. All of these points will come together to form the skeleton of your case.