A victim is only able to prove medical malpractice by a doctor based on the fact that the practitioner had a duty to care, and there was breach of that duty. The breach should have directly led to injury, and the injury can be compensated, states AllLaw.Continue Reading
Medical malpractice is a case against a medical institution or personnel regarding injuries suffered by a victim as a result of actions taken by the institution or personnel. Medical service providers can be held responsible for such injuries by the victims if the victims can prove such actions led to injury. To be able to prove malpractice, there must be a relationship between the caregiver and the victim. For examples, it is the duty of hospitals to provide care to patients admitted in such institutions regardless of the patients’ ability to pay. Doctors are also responsible to care for patients under them, and nursing homes have the duty to care for their residents, explains AllLaw.
The next step is to establish breach of duty. Some common examples are wrong diagnosis or failure to diagnose, neglect, unhygienic environment, improper care, and error during medication prescription. Once this is established, the victim moves to establish the fact that one of these led to injury. This is followed by establishing the damages caused by the injury. Examples of damages are pain, suffering, emotional damages, reduced wages and death among other things, states AllLaw.Learn more about Law