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The process of proving medical negligence is something thousands of Pennsylvanians must learn about each year. You may be one of them if you or a loved one have suffered an injury that you believe was caused by negligent medical care.
Nearly 5,000 medical malpractice cases are filed in the Keystone State annually, accounting for over $15 billion in legal settlements and judgments. If you are considering pursuing a medical malpractice case against a doctor, nurse, or other medical professional in Scranton or one of the neighboring towns in Lackawanna County, there are steps to follow when attempting to prove medical negligence in your case.
For those interested in filing medical malpractice lawsuits in Pennsylvania, it’s fairly easy to remember the four elements that must be proven during these types of personal injury cases. They’re typically referred to as the “four Ds” of negligence.
They include:
Let’s look a little closer at what goes into proving medical negligence from each of these perspectives.
Doctors, nurses, and other healthcare providers are legally obligated to deliver a certain standard of care for each patient they treat. They must act with reasonable care when providing treatment to prevent patient harm.
If a medical professional has failed to do this, it’s the first sign that you may have a strong medical malpractice claim on your hands.
When a medical professional deviates from the standard of care they’re expected to provide to a patient, it’s another sign that could suggest medical malpractice on their part. This deviation from duty — also called a breach of standard of care — refers to the specific act that someone in the medical field commits that leads to a patient sustaining harm.
Examples of a deviation from duty can include:
To win a medical malpractice case, those filing claims against medical professionals must prove a definitive correlation between the deviation from duty that occurred and their injuries or other medical ailments. It need not be the only cause of the harm and causation may be proven if the healthcare provider increased the risk of harm. It is important to compile evidence showcasing this connection and illustrating the harm a medical professional has done to them.
This can include using physical evidence, such as photographs and medical records, and medical expert testimony in court.
The final “D” to consider when proving medical negligence is the damages a patient seeks from a medical professional. A plaintiff in a medical malpractice case must calculate damages related to the physical, mental, emotional, and financial harm that was caused.
This is sometimes the trickiest part of proving medical negligence. It’s often easy to calculate the physical and financial toll that malpractice has taken on a patient. Meanwhile, calculating mental and emotional damages isn’t always as simple.
In many instances, proving negligence in a malpractice case is easier said than done. Hiring the right medical malpractice lawyer to assist you with a case can improve your chances of proving negligence on the part of a doctor, nurse, nurse practitioner, etc.
Scartelli Olszewski P.C. can provide help as you seek to file a successful medical malpractice claim and work through the process of proving medical negligence from start to finish. Call us at 570-346-2600 to file a malpractice lawsuit and begin gathering evidence to strengthen the viability of your case.