Winning a medical malpractice lawsuit is no easy task. You have to be able to prove and convince a judge or jury that four different criteria are met in order for you to win. Learning about what these criteria are will help you to better understand what qualifies as medical malpractice and whether you may have a case. Here are the four criteria that must be satisfied to win a medical malpractice lawsuit.
A Doctor-Patient Relationship Existed
One of the things that you must prove in order to win a medical malpractice lawsuit is that a doctor-patient relationship existed. This means that the doctor, nurse or other medical professional was tasked with treating you. This is important to note because if a doctor comes across an accident scene on the roads and decides to help, a doctor-patient relationship did not exist. They can't be held liable under medical malpractice laws if they make a mistake in this type of situation. It also means that you can't sue a doctor friend who gave you advice about your child's medical condition when you two were talking at the park and they were wrong.
The Doctor or Medical Staff Acted Negligently
Next, you must prove that the doctor or medical professional who was treated you acted negligently. In some cases, this can be hard to prove as the line between a mistake and negligence can be thin. If you were in the hospital and supposed to take medications every four hours, and the staff forgot, this is negligence. If a doctor was supposed to perform surgery on your right arm and instead does the operation on your left, this is negligence. However, if you present with symptoms that mimic another condition, and the doctor thinks you have that condition and treats you for it, and they were wrong, this is most likely not negligence. The doctor or medical staff has to have acted in a manner that was inconsistent with what your needs were and differs from what the majority of other medical professionals would have done in the same situation.
You Were Injured as a Result of the Negligent Act
The third criteria that you have to prove to win a medical malpractice lawsuit is that you were actually injured as the result of a negligent act. If you go to the hospital for a broken left leg, and the doctor reads the chart incorrectly and x-rays the right one, they were negligent. However, x-raying the wrong leg does not result in an injury. It may be annoying and waste your time, but no injury occurred. As such, you may be able to file a complaint with the medical board, but you don't have a medical malpractice lawsuit. If, on the other hand, a doctor gives you the wrong medications, and as a result, they interact with your current medications and you end up hospitalized because of it, you have sustained an injury because of the doctor's negligence. This would allow you to file a medical malpractice lawsuit.
You Sustained a Loss as the Result of the Injury
The last factor you have to be able to prove in order to win a medical malpractice lawsuit is that you sustained a loss as a result of your injuries. For example, if a medical professional gives you the wrong pill while you are hospitalized and it causes you to throw up, you may be able to argue that you did sustain an injury because of the malpractice. However, you did not sustain a loss as a result of this injury. If you are fine once you have thrown up, you are not going to incur additional medical expenses because of this mistake, you are not going to miss work because of the mistake because you are already hospitalized, and you are not going to require ongoing medical care to treat the injuries. As such, while it may be a mistake, you aren't entitled to compensation for a medical malpractice lawsuit because of it.
Unfortunately, medical malpractice claims aren't always black or white. You may be unsure whether the staff acted negligently or whether your injuries were the result of the negligent act or something else. An experienced personal injury lawyer can help you determine whether your case meets the criteria needed to prove medical malpractice and whether you should proceed with legal action. For more information, contact a practice like Otorowski Johnston Morrow & Golden P.L.L.C.
