Medical malpractice is a growing trend in America, leaving thousands of patients injured each year. When a medical professional is negligent and harms their patient, compensation needs to be awarded to the victim. Unfortunately, the process of proving medical malpractice in Alton, IL is not always easy. With this information, those injured will have a better understanding of how they can prove their claim in court.
What Are the Elements of Medical Malpractice?
Four main elements must exist for a person to be able to prove medical negligence occurred. If these elements cannot be established, it will be difficult for a victim to be able to pursue their lawsuit or a claim with the insurance company.
* A doctor-patient relationship must have been in effect. This means a duty of care was owed to the patient.
* The doctor must have breached the duty of care they owed their patient.
* The breach of the duty of care must have caused an injury to the patient.
* The patient must have suffered measurable damages as a result of the injury they suffered.
To prove all four of these critical elements, the individual needs to make sure they hire an attorney. Meeting with an attorney allows an individual to understand the medical malpractice in Alton, IL and receive sound legal guidance.
How Do Injured Victims Prove Medical Negligence?
It can sometimes be difficult for an injured patient to prove medical negligence was the cause of their injury. Thankfully, injured patients have the right to use the doctrine of res ipsa loquitur if the following is applicable:
* Evidence of the cause of the injury is not available
* The injury is atypical of the type that usually occurs with medical negligence
* The plaintiff holds no responsibility for causing their injury
* The defendant held exclusive control of the instruments that caused the injury
* The injury could not have possibly occurred with any other instrument the defendant had no control over
Those who have experienced injuries due to medical negligence are urged to seek the help of an attorney. To learn more, visit keithshortlaw.com. To schedule an appointment, call the office right away.