Elements of a Medical Malpractice Claim and Common Types
The last time you were ill or got hurt, you probably turned to Google to try to figure out what was wrong. While searching the web, you likely realized that your symptoms and signs could point to dozens of different conditions and injuries. How can you determine which cause matches your situation?
This effort gives you a small preview of what a doctor faces every day as they try to diagnose their patients. As you can imagine, the complexity of healthcare coupled with a human’s fallibility often leads to mistakes. Are you curious about what makes up a medical malpractice claim and the common types of medical malpractice cases? Get the answers below.
What Elements Make up a Medical Malpractice Claim?
Doctors can be considered superheroes in a lot of ways, but they still make mistakes. Not every medical error gives rise to a medical malpractice claim, though. Here are the specific elements you’ll need to prove in a successful medical malpractice lawsuit:
- A doctor and patient relationship existed
- The doctor acted outside of the reasonable standard of care expected of them
- The doctor’s behavior caused your injury
- Your injury led to provable damages
These elements may sound confusing. In short, the care your doctor provided must have fallen outside of the scope of care another doctor would have provided in the same situation.
Common Types of Medical Malpractice Claims
You may be wondering – what types of situations often lead to a medical malpractice claim? Here are some of the most frequently cited scenarios:
- Misdiagnosis of illness
- A failure to diagnose
- Delayed diagnosis
- Failure to appropriately treat a patient
- Surgical errors
- Birth injuries
- Medical product liability
- Failure to warn a patient about risks prior to treatment
- Anesthesia errors
If you think your doctor’s behavior wasn’t reasonable and they caused your injury, then you may have the basis to seek out a claim. Medical malpractice lawsuits seek to financially restore the victim for the losses they’ve endured like increased medical bills, lost wages and pain and suffering.
Keep in mind that you only have a limited time to seek out a medical malpractice claim. You’ll also want to consult with an attorney because it’s likely that you’ll need an expert medical witness to testify about the level of care you received. Click the link for a comprehensive breakdown of what is required to file a medical malpractice lawsuit in Pennsylvania.
Contact A Medical Malpractice Attorney for a Consultation About Your Medical Malpractice Case in Pennsylvania
Were you or a loved one injured due to medical malpractice in Pennsylvania? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Philadelphia medical malpractice attorneys at the Marrone Law Firm, LLC are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout Pennsylvania, including Cherry Hill and Philadelphia. Call us today at 215-709-7360 or email us to schedule a consultation. Our main office is located at 200 South Broad Street, Suite 400, Philadelphia, PA 19102 and we also have offices in 532 Marlton Pike West, 2nd Floor, Cherry Hill.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.