A medical malpractice case is brought by a qualified attorney on behalf of a patient who suffered some level of harm due to a medical professional’s negligence. Members of the patient’s family may, working through an attorney, initiate the case in certain circumstances. For a case to go forward, the lawyer must produce case evidence that establishes three crucial elements. Knowing and understanding a little about these three elements can help you when working to build your case.
The first step to bringing a successful medical malpractice case is finding and working with an experienced, knowledgeable lawyer. Kathryn Burmeister, the Georgia medical malpractice attorney of Burmeister Law Firm, aggressively represents victims of medical malpractice and has a winning track record. Once you’ve chosen an attorney, you’ll consult with her to lay out the details of what occurred and determine if the three elements are present. These three elements are as follows:
Negligence. Generally speaking, negligence is defined as a failure to use ordinary care. In the context of a medical malpractice case, this means that the healthcare provider, or hospital, or both failed to provide care in keeping with accepted best medical or nursing practices. Put plainly, they failed to take reasonable steps that another professional would have taken in identical circumstances.
Proximate Cause. This is a legal term which means that provider’s action (or inaction) caused the patient’s injury. It is crucial to prove that the healthcare provider’s (the defendant) negligence directly caused your (the plaintiff’s) injury. Additionally, your medical malpractice lawyer must establish that this result would have been foreseeable due to the medical staff’s actions or inactions.
Damages. In the legal world, the term ‘damages’ refers to the amount of financial compensation the injured person may be awarded in the lawsuit. However, in the context of medical malpractice, damage refers to harm the patient suffered as a direct result of the medical care provider’s negligence.
The extent of damage suffered encompasses more than just physical injuries. The amount of financial compensation your lawyer will request on the injured person’s behalf will include any emotional and financial suffering experienced due to the harmful incident.
Once you and your medical malpractice lawyer determine that the three elements are present, the lawyer will investigate further and gather additional evidence. This may include copies of all medical records, eye witness testimonies, all related medical bills, hardship due to loss of work income, and more.
This evidence serves to further prove the veracity of the three necessary elements as well as the full amount, as in financial value, of your damages. Burmeister Law medical malpractice lawyer, Kathryn Burmeister, will then bring your case before the court and aggressively fight on your behalf. As you can see, having a team of legal experts will be incredibly valuable when it comes to winning your malpractice lawsuit.
Burmeister Law Firm represents clients who have suffered chronic or catastrophic injury, including death, in medical malpractice and other personal injury cases.
Contact Burmeister Law Firm today to arrange a free, no-obligation consultation about your medical malpractice case.
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