If you have been injured as the result of a medical procedure or treatment at an Idaho hospital or clinic, you may be wondering if you have what’s required to file a medical malpractice claim. In order to determine this, it is important to understand the factors that constitute this type of claim.
Breach of duty
Medical malpractice claims typically involve a healthcare provider who has breached their duty of care to their patient. This means that the medical professional failed to provide the same level of care that any other reasonable medical professional would have provided under the same circumstances. For instance, if a doctor failed to order an important diagnostic test that would have revealed a serious condition, this could be considered a breach of duty.
Causation
In addition to proving a breach of duty, the injured party must also prove that the medical provider’s negligence caused their injury or worsened an existing condition. This means showing that the doctor’s failure to provide the standard of care resulted in harm that would not have otherwise occurred. For instance, if a misdiagnosis caused the patient to delay treatment, leading to more serious injury or illness, this could be medical malpractice.
Damages
Finally, the injured party must show that they suffered damages as a result of the medical provider’s negligence. This can include physical pain and suffering, emotional distress, lost wages and medical bills. In order for a claim to be successful, the patient must provide evidence of their losses in order to receive compensation. Sometimes, this requires an expert medical opinion to establish the link between the medical provider’s negligence and the patient’s damages.
Informed consent
Informed consent is also a factor in medical malpractice claims. This means that the patient must have been given enough information about the risks and benefits of a procedure or treatment before giving their consent for it to go ahead. If the doctor failed to provide this information and the patient would not have consented had they known, then this could constitute medical malpractice.