The Elements of a Medical Malpractice Case
If you feel like you have been a victim of medical malpractice, then you may have the right to take legal action against the medical professional(s) at fault. Medical malpractice is a form of medical negligence on behalf of a health care provider, medical assistant, or hospital staff member that results in physical harm or death to the patient. Common examples of medical malpractice include pharmacy error, misdiagnosis, or hospital mistreatment/neglect.
What must be present?
In order for a medical malpractice case to be successful, certain elements must be present. The situation must contain the following:
- A duty of care owed by the physician to the patient, typically set at a certain standard for all medical practitioners
- A breach of this duty of care by the physician
- Injury or death to the patient as a result of this breach
- The presence of damages as a result of this breach and injury
All four elements must be present for a medical malpractice case to be successful. Defendants will do everything they can to prove that one is missing. If you have been a victim, you will need an experienced lawyer to represent you in court. The Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C. can provide you with the help you need to successfully claim damages in your case.
Contact Us
If you believe that you have a valid medical malpractice claim, then the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. can help you take action against the responsible party. Contact our offices today at 215-238-1130 to schedule a consultation.