When Pennsylvania residents go to a medical treatment provider, they expect to receive the very best of care. However, the unfortunate reality is that isn’t always what happens. Medical malpractice is prevalent in America and each year leaves thousands of people in a worse condition. When this happens, pursuing a medical malpractice legal claim may be possible. But, what elements need to be proven in a medical malpractice case?
Elements of a successful claim
The first element is to prove that a “duty” existed between the patient and the healthcare professional or establishment that is alleged to have committed the malpractice. The “duty” in question is usually established by proving the “doctor-patient” relationship. The next element to prove is that a “breach” of the duty occurred. In medical malpractice cases, this typically means that a victim must show that the healthcare professional or establishment in question deviated from the applicable standard of care in the treatment scenario.
The next part of a medical malpractice case is to show that the deviation from the applicable standard of care actually caused the victim’s alleged injuries or illness. In short, prove that it was the actions or omissions that are alleged to be medical malpractice that did, indeed, leave the patient in a worsened condition, or with illnesses and injuries that would not have occurred “but for” the malpractice.
Lastly, medical malpractice victims must prove that they have compensable damages. This usually involves proving the medical costs that were needed to attempt to correct the malpractice, among other potential costs that typically arise in the event of medical malpractice.