What Constitutes Medical Malpractice?

Legal Insight from Atlanta Malpractice Attorneys

Are you unsure about whether or not medical malpractice caused your injuries? Henningsen Injury Attorneys, P.C. can offer you counsel and insight about the laws. By its legal definition, medical malpractice occurs when a healthcare provider neglects to provide a patient a standard duty of care or ignores the basic tenets of the practice. While there are many types of injuries that that can fall under this term, having the knowledge and familiarity of the laws can be immensely beneficial for making a claim.

What Happens During a Medical Malpractice Claim?

As a victim of injury, you have the right to seek justice for wrongdoings that were not your fault. Injury claims, specifically medical malpractice, must meet certain requirements in order to be eligible to file. As the person who is making the claim, the burden falls on your shoulders to prove that your injuries were linked to the health care provider’s negligence. Below, our Atlanta medical malpractice attorneys offer an expanded discussion about the claims process.

Here are the essential elements that must be present in all claims:

1. Patient-Doctor relationship. You had an established patient-practitioner relationship, and the doctor, nurse, or another medical professional acknowledged that you were relied on their care.
2. Duty of care. The medical care professional understood that he or she, by law, must perform functions of their job under the accepted standard of medical care.
3. Breach of duty of care. The practitioner violated your trust as a patient and did not provide the duty of care as expected. He or she may have acted in a way that would not be considered acceptable by standard practice.
4. Malpractice was the cause of injury. You must prove that malpractice occurred and that it was the source of your injury. You may need to provide evidence to support the claim, which might include medical documentation or testimony from expert witnesses or other practitioners.
5. Details of the damages caused. The most important element in your claim must show that you had to receive additional medical treatment to recover from the damage done.

At Henningsen Injury Attorneys, P.C., we are attorneys that work solely for the interests of your clients, especially if you believe you are entitled to compensation.
We have a client-centered, results-driven philosophy. If you are ever unsure about the laws and if your case applies, reach out to us!