If there’s one area of law that often confuses people, it’s medical malpractice. Many assume that any negative outcome from medical treatment automatically qualifies as malpractice. However, that’s not the case. In Missouri, specific elements must be present for courts to consider a situation as medical malpractice. Understanding these elements is crucial if you believe you’ve been a victim of medical negligence.
Negligence directly causing injury
According to Missouri law, the elements of medical malpractice are:
- Duty of care: The health care provider had a professional duty to the patient.
- Breach of duty: The health care provider failed to meet the accepted standard of care.
- Causation: The breach of duty directly caused harm to the patient.
- Damages: The patient suffered actual damages (physical, emotional or financial) as a result.
Individuals don’t have the ability to sue a health care provider for just any injuries. They must show proof of these four elements in their case. For example, in a birth injury, it might look like this:
- Duty of care: The attending doctor had a duty to provide proper care during delivery.
- Breach of duty: The doctor didn’t monitor fetal distress signs well.
- Causation: This failure led to a delayed emergency C-section.
- Damages: The baby suffered oxygen deprivation, resulting in cerebral palsy.
Medical malpractice is more than just an undesirable result. The party seeking justice needs to establish a connection. This means directly connecting the health care provider’s actions with the injury.
Building a case
Gathering proof of negligence in a medical malpractice case often involves a thorough investigation and multiple witnesses. In a birth injury case, for example, there are typically several health care professionals present in the delivery room. They must give their statements about what really happened to help establish the link between the health care provider’s actions and the resulting injury.
Aside from gathering medical records, you should get witness statements from medical staff present during the incident. Because there are a lot of legal complexities that go into a medical malpractice case, consider seeking a personal injury lawyer for guidance.