How to Establish a Medical Malpractice Claim

In late May, 45-year-old Jacqueline Martin of NY was awarded nearly $120 million after suffering brain damage from a series of hospital visits. Martin, who originally sought treatment for a seizure, filed a lawsuit against three New York hospitals for medical malpractice. Martin claimed the medical staff mismanaged her medications, were unresponsive in times of crises, and failed to provide essential treatments.

Medical malpractice occurs when a healthcare professional (doctor, nurse, or dentist) is negligent when providing treatment to a patient. Improper treatment and negligence can cause injury to a patient, whether it’s a surgical or prescription error. Medical personnel are expected to provide treatment and care with the utmost attention. This is due to the fact that patients must place a significant amount of trust in their physician and medical staff.

There are four elements a malpractice victim must establish for a claim to be successful.

1. The patient is owed a duty, a legal duty taken by a hospital or healthcare provider to provide treatment or care to a patient.
2. The hospital or healthcare provider breaches the duty by failing to comply with the relevant form of standard care.
3. The lowered standard of care causes an injury.
4. There must be some form of damage, whether it’s losses or emotional.

In the case of Jacqueline Martin, the hospitals were responsible for her treatment and care, but failed to conform to the regular standard of care. This caused the patient to sustain brain damage, which caused emotional and physical damage.

If you believe you have been a victim of medical malpractice, you’ll need an experienced Phoenix personal injury attorney. Call 480-648-8928 to schedule a consultation with Phoenix personal injury lawyer, Jared Everton.