If your healthcare provider or hospital harms you by either doing something they weren't supposed to do, or by failing to do what they should have done to provide competent medical care, they may have committed malpractice. This is otherwise called an act of omission or negligence and can be grounds for a legal claim.
Medical errors often result in unnecessary injury. Healthcare institutions and providers carry medical malpractice insurance to protect them and their patients should an error occur which causes harm or death to the patient.
In order to prove that medical malpractice has occurred, five elements of negligence must be shown to exist in each case.
- A legal duty exists and is owed whenever a hospital or healthcare provider treats a patient.
- That duty was breached because the provider failed to provide the necessary care. In other words, the medical professional or provider did not comply with the accepted standard of care.
- The breach directly or indirectly caused harm to the patient.
- Damage must have occurred. Without proof of damage there is no basis for a claim even if the provider failed to meet the accepted standard of care.
The Olson Law Firm is dedicated to preserving the rights of patients. If you feel that you have been the victim of medical malpractice, contact us today.