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What Is Negligence?
Medical malpractice claims almost always involve some form of negligence. By behaving negligently, a medical provider has failed to provide standard care. If you can prove negligence, it's very likely you'll receive compensation for your injuries.
Under the law, negligence is defined as the following four elements:
Duty of Care
The medical provider had a duty of care to you, the patient.
This establishes the professional relationship and standard of care expected.
Breach of Duty
By failing to provide adequate care, the medical provider has breached their duty.
This means they fell below the accepted standard of care.
Causation
The medical provider's breach of duty caused you to suffer injuries.
There must be a direct link between the breach and your harm.
Damages
Your injuries led to financial or physical damages.
You must have suffered actual harm that can be quantified and compensated.
For example, let’s say you underwent surgery, but the surgeon left an instrument inside your body. The surgeon had a duty of care to provide you with adequate medical treatment. By leaving an instrument inside your body, the surgeon has breached their duty of care.
If you suffered injuries due to this or any other negligence, such as pain or an infection, you deserve compensation for costs incurred, as well as for your pain and suffering.
We are lawyers, and we are also doctors, bringing a high level of expertise to your case. Let us carry some of the burden and help you get the compensation you need and deserve.