Medical negligence occurs when a healthcare professional fails to meet the accepted standard of care, resulting in harm to the patient. While not every medical mistake qualifies as negligence, when an error directly causes injury due to a lack of proper care, the law provides a path for victims to seek justice.
When Does Medical Negligence Occur?
Under U.S. law, a valid medical malpractice claim must meet four key legal elements:
- A professional duty of care existed between the healthcare provider and the patient. This duty is established when a formal doctor-patient relationship begins.
- A breach of that duty occurred, meaning the provider failed to meet the standard of care expected in their field.
- A direct link between the breach and the patient’s injury can be proven. This is known as causation.
- Real, measurable damages occurred—such as additional medical expenses, lost wages, or pain and suffering. Without actual harm, there is no legal case, even if the provider made a mistake.
For example, if a doctor fails to order essential diagnostic tests and the delay in diagnosis causes the patient’s condition to worsen, this could be considered medical negligence.
How Can Medical Negligence Be Proven?
Proving negligence is complex and often requires several layers of evidence. First, you’ll need complete medical records that show what actions were or weren’t taken during your treatment. Additionally, an independent medical expert must typically provide testimony stating that the provider’s actions were below the accepted standard of care.
Legal support is also crucial. A knowledgeable medical malpractice attorney can help gather all necessary documents, coordinate expert reviews, and build a strong case to present in court or settlement negotiations.
Let Nourmand Legal Help You Seek Justice
If you believe that you or a loved one were harmed due to medical negligence, you don’t have to face the legal process alone. At Nourmand Legal, we are committed to standing up for patients and helping them secure the compensation they deserve.
Call us today at (800) 550-9816 for a free consultation. Your health and your rights are our priority.