For some, going to the doctor is scary. While it may seem like there is nothing to worry about, unfortunately, doctors do forego their oath, which can result in malpractice and intensive injuries to unsuspecting patients. If injured due to the negligence of a healthcare professional, you’ll want to keep reading to learn the four elements of medical malpractice that you must prove to win a lawsuit. You’ll also discover how a Harris County, Texas medical malpractice lawyer can help you navigate the process of filing and pursuing a case.
What Are the Four Elements of Medical Malpractice?
In medical malpractice cases, there are four main elements one must prove to fulfill the burden of proof. These are generally referred to as the “four D’s,” which include duty, dereliction, direct cause, and damages.
It must be proven that you were a patient and, therefore, the healthcare provider owed you the duty of care. Dereliction is the action, or lack thereof, that breaches this duty, while direct cause establishes that this breach of duty caused the injury. Finally, the damages are the economic and non-economic damages that result from the malpractice a patient endured. This includes additional medical bills, lost wages, and pain and suffering.
What Can I Do to Help My Case?
There are several things you can do to improve your chances of winning a medical malpractice lawsuit. First and foremost, you’ll need to retain the legal guidance of an experienced medical malpractice attorney as soon as possible. Hospital and healthcare lawyers are notorious for appearing invincible, so a seasoned and fearless lawyer is a must.
You should also refrain from using social media during this time. Unfortunately, spending too much time scrolling can be used against you, as the doctor’s attorneys may say that the injuries you sustained were not severe if you can spend hours on your phone. You should also stop posting photos because an attorney can claim you are not experiencing pain and suffering if there are photos of you smiling and having fun with friends on your social media profiles.
It is imperative that you keep and make copies of any and all medical records you receive. You should share any communications with your attorney, so they can have this information on file if necessary.
Whether you were injured while on the operating table or your primary care provider failed to follow up about a concern that lead to further illness, holding negligent healthcare providers responsible for their actions is essential. Not only do you deserve compensation for the harm you’ve suffered, but taking action can prevent other patients from suffering a similar fate.
At Davis & Davis, we understand the complexities of medical malpractice lawsuits. Our dedicated legal team will work tirelessly to help you receive the best possible outcome for your circumstances. Contact us today to learn more about how we can help you through this tough time.