What Are the Four Ds of Medical Negligence?
What is Required to Prove Medical Negligence?
Proving negligence is key to all personal injury claims. However, showing that an individual acted negligently in a medical malpractice claim can be more complex than in other types of cases, such as car accidents or dog bites. In medical practice, it is accepted that a doctor may not be able to cure every patient. Unfortunately, in some cases, a doctor can do everything within their power to help a patient, but they may still have a negative outcome.
So how can the court determine when a plaintiff has a valid medical malpractice lawsuit? The “four Ds” of medical negligence are critical to a strong case. A knowledgeable Philadelphia medical malpractice lawyer can explain these criteria and help you determine whether you may be eligible to recover compensation for your damages.
What is Malpractice?
Malpractice occurs when a professional does not properly fulfill their duty to a client. In a medical malpractice case, the failure in care is often due to a medical error, such as a mistake in administering medications, an accident during surgery, or a misdiagnosis.
Sadly, these preventable errors cause thousands of severe injuries and deaths yearly across the US. Victims and their families may face an uphill battle to get justice from the doctors, nurses, psychologists, pharmacists, and/or the other medical professionals involved in the subpar care. However, a skilled personal injury attorney can help gather the necessary information to support their lawsuit.
What Are the Four Ds of Medical Negligence in a Malpractice Case?
There are four basic elements to every medical malpractice case. Medical professionals strenuously defend themselves against malpractice claims, but with clear proof of the following four Ds, you and your legal team may be able to mount a successful case.
Once a patient enters into a healthcare provider-client relationship with a medical professional, they are owed a duty of care. Prior to entering into this relationship, the healthcare provider is not responsible for your well-being. For example, if you become ill on a bus, a doctor sitting next to you cannot be held liable if they do not offer to treat you. However, if you interact with a healthcare worker in a professional capacity, they now have a duty to care for you to the best of their ability.
Proving a duty of care is the most straightforward part of a medical malpractice claim. Documents that can demonstrate the existence of a provider-client relationship include medical records and bills for treatment.
Deviation From the Accepted Standard of Care
A healthcare provider’s expected standard of treatment and care is judged on what another reasonably competent professional with the same level of skill and training would do if they were operating under similar circumstances. The standard of care that is considered acceptable can be different from person to person and even from situation to situation. For example, more diligence may be expected from an experienced doctor who sees a patient for a scheduled appointment than from an emergency room doctor who is forced to make rapid decisions in an attempt to save a patient’s life.
To prove that the standard of care you received was unacceptable, your lawyer will examine your medical records, speak to eyewitnesses of the incident, and seek the opinion of a medical expert within the same field. Sometimes the dereliction of duty by the medical professional is blatant, but in other cases, it may require more time and effort to uncover the extent of the errors. Examples of acts that could be considered a deviation include, but are not limited to:
- Misdiagnosis or failure to diagnose
- Surgical errors
- Birth injuries
- Prescription mistakes
- Failure to inform of risks
- Implanting defective medical devices
Sometimes medical errors can occur, but they do not rise to the level of negligence because they do not result in actual harm to a patient. To prove medical negligence, you must show that your doctor’s actions or inaction led to a physical, emotional, or financial injury. While most people begin a medical malpractice claim because they are aware that they suffered damages, many are surprised when they realize the true extent of the losses they’ve experienced. An experienced lawyer can help you evaluate the impact the medical negligence has had on your life and ensure that you recover the full compensation you deserve.
Examples of the losses that can be caused by medical negligence include:
- Current and future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of life’s enjoyment
- Scarring and disfigurement
For a patient to be eligible to bring a medical malpractice lawsuit against a medical provider, they must be able to show causation between the provider’s negligent act and their damages. Sometimes this can be a straightforward task. For example, if a surgeon needlessly operates on a healthy body part, there is a clear link from their actions to the patient’s losses.
However, it can often be challenging to prove causation, and the medical professional may argue that the patient’s lifestyle choices or a pre-existing condition led to the damages. The opinions of other medical experts can be vital to validating a victim’s claims.
How Can a Medical Malpractice Lawyer Help You?
When we seek medical care, we trust that the healthcare workers we see will give us the best possible treatment. Sadly, this doesn’t always occur, and the aftermath can be devastating for victims and their families. The burden of proof in medical malpractice cases is high, but you do not have to take on the challenge alone. If a negligent medical provider has injured you, a skilled Philadelphia medical malpractice lawyer can investigate your case and collect the necessary evidence to satisfy the “four D’s” of medical negligence. Contact our office today to schedule a free consultation to discuss the details of your case.
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