Have you or one of your loved ones been harmed because of a medical professional’s negligence or wrongdoing? If so, you may be wondering whether or not you have a valid medical malpractice claim.
Anyone who has suffered injury or illness because of a doctor’s medical mistake or surgical error can potentially recover compensation for their losses through a medical malpractice case. However, this process is often considerably complex, requiring you to prove four essential elements of your case in order to win compensation.
Elements of a Successful Medical Malpractice Case
Our experienced Newport News medical malpractice attorneys at Kalfus Nachman can build an effective medical malpractice case that helps you prove the points outlined below. Call us today at (800) 361-0430 to schedule a free case evaluation.
The four basic elements of a medical malpractice claim are:
- Duty / Obligation- All medical professionals owe a duty of care to their patients. Doctors are sworn to abide by the accepted standard of medical care at all times. Even the Hippocratic Oath states: "First, do no harm." Proving that this duty or obligation exists is usually the most straightforward aspect of a medical malpractice claim.
- The Duty Was Breached - Your claim begins with proving that the treatment you received did not meet the accepted standard of medical care - that it was negligent, reckless, or blatantly harmful. In some cases, this is easily established (e.g. if the surgeon operated on the wrong body part). However, the majority of medical malpractice claims require you to conduct extensive research into how the standard of care applies in your case.
- An Injury or Illness Occurred- Without proof that an injury occurred, you do not have a case. Even if the doctor was blatantly negligent, you cannot recover damages if you were not harmed by their mistake.
- Link Between Injury and Breach of Duty - This point is often the most difficult to prove. You must be able to demonstrate that your injuries were proximately caused by the physician’s negligence. This requires separating the average risks of medical treatment from the condition that was caused (or worsened) by malpractice. Adequately proving this point requires the assistance of expert medical witnesses and an experienced medical malpractice attorney.
At Kalfus & Nachman, we work with a team of medical specialists, investigators, and other expert witnesses to collect evidence for your claim, leaving no stone unturned as we construct a strong case that clearly tells your story. You can trust us fight tirelessly on your behalf, taking your case as far as it needs to go in order to win the fair compensation you deserve.
If you live in Virginia or North Carolina and believe you may have a valid medical malpractice claim, please contact Kalfus & Nachman today or call (800) 361-0430 to schedule your free case evaluation. We represent injured medical malpractice victims throughout Roanoke, Newport News, and Norfolk, Virginia.