The plaintiff of a
medical malpractice case must prove several elements with the help of a Cleveland medical
malpractice attorney. It can be difficult because doctors often will assume
no liability, arguing that they acted within the standard care and that
they did not cause injuries. There are many types of liability issues
in medical malpractice claims, making them especially complex.
All of the following elements must be proven in a medical malpractice case:
- a doctor/patient relationship must be established;
- the doctor breached the standard of care;
- the breach led to an injury; and
- the patient did, in fact, suffer an injury.
Medical experts are needed to determine whether or not the doctor breached
the standard of care. There also must be an actual injury. If the doctor
did make a medical error but the patient suffered no harm, then a medical
malpractice claim cannot be pursued.
surgical errors, there are other incidents that can be considered medical malpractice.
For example, a doctor failing to order the correct lab tests or diagnose
a common condition – causing the condition to worsen – can
be medical malpractice. Delaying treatment or failing to administer appropriate
drugs for a condition also can be considered medical malpractice.
If you suffered injuries because of
medical malpractice, get legal help right away.
Mellino Law Firm has Cleveland medical malpractice attorneys dedicated to helping clients
get the compensation they deserve. Contact us today at (440) 333-3800.