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Medical Malpractice: Defendants and Elements

The main reason we all visit a doctor is because it means a chance of getting better from whatever ailment. Thus, the doctor and patient relationship is one based on trust. The patient trusts that the doctor will do something in order for them to get better. However, there exist instances where a patient is harmed by a doctor. This article will discuss the potential defendants in a medical malpractice claim and claim elements.

Potential Defendants

In medical malpractice claims there may be a number of defendants involved in a case. These defendants may include any of the following:

  • Physicians
  • Nurses
  • Healthcare/ medical facilities
  • Emergency staff
  • Other staff involved in the medical care process

Injuries included in a medical malpractice case must be due to the medical care performed on the patient. When this happens, the patient may need to receive additional treatment in order to resolve the injuries sustained.

Medical Malpractice Claim Elements

As mentioned previously, medical malpractice lawsuits occur when a medical professional was negligent in their duty to the patient. To have a successful medical malpractice claim four elements must be proven. These four elements include:

  • a duty of care toward the patient by the healthcare facility or professional
  • a breach of the duty of care in some way during the patient’s treatment
  • the breach of the duty of care resulted in the patient suffering injury
  • an actual injury

if one of these elements is absent the medical malpractice lawsuit cannot proceed. However, even when all four elements are present more is required to succeed. It is necessary for the plaintiff (patient) to prove that these elements exist and how they link to the injury. Thus, the burden of proof lies with the injured person.

To learn more about your personal injury case, speak to a personal injury attorney at the Vinson Law Office today. Contact the Vinson Law Office for a free initial consultation.




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