If you believe that your ER doctor or medical professional did not provide the standards, you might consider filing a complaint or filing a legal claim for compensation. To win a legal case, you must demonstrate that your care fell short and caused you further injury.
What Constitutes Medical Negligence?
Medical negligence is a severe offense, yet it is difficult to establish. The examples are medication errors, surgical errors, misdiagnoses, and other forms of avoidable errors in a health care environment.
You’ll need the four Ds of medical negligence to justify your claim. We’ll discuss these further in the next section.
What Are the 4Ds of Medical Negligence?
- Duty of Care
- Dereliction of Duty
- Direct Causation
The four Ds of medical negligence provide a framework for demonstrating medical malpractice. If we can show these four points in your case, you may be able to win and get compensation for your injuries.
Duty of Care
The medical professional must have owed you a professional duty of care, and must follow the code of ethics. The medical sector imposes a responsibility of care on each physician or institution that serves a patient.
Any medical expert involved in your treatment owes you a duty of care. The common defendants are the following:
- Health care facilities
It’s possible to have more than one defendant.
Their responsibilities should include:
- Appropriately diagnosing
- Communicating about the disease
Proving a defendant owes you a duty of care may need proof such as patient records or a hospital’s shift records.
Dereliction of Duty
A failure to perform one’s responsibility of care is referred to as dereliction. A medical practitioner’s dereliction of duty is defined as any conduct or omission that a reasonable and cautious professional would not have done in identical scenarios.
This involves a wide range of acts:
- Birth trauma
- Defects in medical devices
- Errors in prescriptions
- Errors in the emergency room
- Foreign item was discovered
- Failure to warn of potential hazards
- Inability to diagnose
- Inability to treat
- Incorrect patient, location, or operation
- Surgical blunders
Your lawyer at Warner and Warner may look for different evidence, including:
- Medical records
- Eyewitness testimony
- Opinions from medical experts
The crucial point to establish is that another medical practitioner or ER doctor would not have responded in the manner in which yours did.
The damages must have been directly caused by the physician or hospital.
Remember, the defendant may not be responsible for your losses if there is no proximate cause. One example is if a person has a terminal condition and the health would have deteriorated even with a prompt diagnosis. Another is if a patient fails to take medication.
Your attorney at Warner and Warner must provide evidence of particular, measurable losses resulting from the defendant’s carelessness, recklessness, or default.
Hospital costs, pain and suffering, lost pay, lost earning ability, legal fees, impaired quality of life, and punitive damages are all common losses in a medical malpractice claim.
Damages are often the simplest aspect to establish. However, your overall potential losses may be substantially more than you realize, particularly if you need continuous care or are forced to go on disability.
How Will The Opposing Team Respond?
The opposing counsel will try hard to demonstrate that at least one of these four Ds does not apply to your condition. To win a case, all four must be present.
Why Should You Hire a Medical Malpractice Lawyer?
Without the assistance of a medical malpractice lawyer, establishing the 4 Ds of medical negligence is very difficult. Medicine is such an unpredictable profession that the law allows for a great deal of flexibility when it comes to medical mistakes.
Medical malpractice attorneys collaborate with other medical specialists to determine whether or not someone else violated the standards of care. Medical specialists go through years of training, and it often takes the judgment of another expert to fully determine a mistake.
These attorneys then use that evidence to convince insurers and courts that their clients are entitled to compensation and negotiate large settlements. If the other party refuses to listen, they are willing to take defendants to court.
Hire Warner and Warner for Medical Negligence
Warner & Warner is a personal injury law firm in Orlando, Florida. We’ve shown our commitment to bringing justice to our clients in every case we’ve handled. Reach out to us at (321) 341-6829 for a free case assessment, or fill out our contact form.