According to the CDC, up to 98,000 people die each year due to medical errors.
Medical malpractice occurs when a doctor injures his or her patient by providing care that falls below the standard of care in the community. In other words, the doctor fails to provide the care that is expected from a reasonably competent doctor or other healthcare provider in diagnosing or treating the same condition.
The term “medical malpractice” may apply to a variety of professionals in the medical field such as doctors, nurses, physician assistants, chiropractors, psychologists, dentists, pharmacists, therapists among others.
In order to establish a claim for medical malpractice four elements must be present:
- A duty- a duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A breach of the duty- the care provider failed to meet the standard of care by providing care that is less than that which is expected from a reasonable, competent care provider.
- An injury was caused by the breach of duty- the outcome must be shown to be different than that which would have been the outcome if the care met the standard.
- Damages- there must be actual damages which may be pecuniary or emotional. Even where there is malpractice, if there are no damages there is no claim.
Your Personal Injury Lawyer in Tucson
There are many instances where the mistake is caught before any damage occurs. These are cases that may be better referred to the Arizona Board of Medical Examiners for investigation. In cases where people suffer damage or injury, your personal injury lawyers in Tucson can help by protecting your rights as a patient.
If you believe that you or a loved one has been injured as a result of a medical malpractice contact Showard Law Firm at (520) 622-3344 or toll free at (866) 307-2147, for a free consultation.