Intro to Medical Negligence Cases 

We are sorry if you find yourself in the position of having to learn about medical negligence lawsuits because this means that you or a loved one may have recently gone through a traumatic health event. We know it may be difficult for you to reach out to us. However, other families may undergo the same trauma you recently experienced if you don’t. 

 

Here’s what you need to know about medical malpractice law.

Medical negligence is more common than you would think.

Please understand that most medical providers are caring, competent people who work in a high-stress environment. On top of that, staffing shortages are causing medical providers to be overworked. Unfortunately, mistakes made in high-stress environments may result in serious injury or even death.

 

Americans were shocked by a report from six years ago that listed medical errors as the third highest cause of death in the U.S. It’s worth noting that this report came out long before the chaos caused by COVID-19.

 

We tell you this to remind you that you are not alone. Others, too, have been hurt by medical negligence. In fact, it’s estimated that 200,000 deaths occur yearly in the U.S. because of medical errors and infections.

You need to prove four legal elements in a medical negligence case.

 

The law requires that four legal elements be proven in a medical negligence case.

  • A professional duty owed to the patient

A doctor is responsible for providing a logical treatment plan appropriate to the situation. 

  • Breach of duty

When medical providers fail to fulfill the Hippocratic Oath, they breach their contract with the patient.

  • Injury caused by the breach

The injury (or harm) must be the direct result of a medical provider failing to perform their duty.

  • Damages caused by the breach

 

The injury or harm in a medical negligence case must have caused economic and noneconomic losses, such as pain and suffering.

 

In short, a medical negligence case must show that a medical provider was negligent in rendering care and that such negligence resulted in injury, which caused the loss. 

Some medical negligence suits are settled out of court.

The legal system encourages extensive discovery and negotiations between the two parties to resolve the dispute without going to a jury trial. However, medical negligence cases are typically expensive to pursue because they require the help of medical experts to review the case.

Woods Law K.C. is here to help.

We are sorry that you or a loved one recently experienced a traumatic health event, and we would like to offer our help. Attorney Aaron Woods has experience representing clients in claims against medical providers, practices, and hospitals. 

 

The first step is to contact our law firm to review your case thoroughly. Next, we will determine if you have the four legal elements necessary for a medical negligence case. If so, we will begin the process of proving your case so that you can obtain the financial compensation you and your family deserve.

Attorney Aaron Woods serves the entire K.C. Metro area. Contact our firm today for expert legal advice regarding medical negligence or malpractice suits.

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