Medical practitioners have a legal and moral obligation to their patients. Unfortunately, malpractice is not always easy to prove.
According to Washington State Legislature, to receive payment for damages after a medical procedure, the provider must fail to provide the accepted standard of care, the injury came from health care the patient did not consent to, or the patient received a promise that an injury would not occur. A good way to further break down whether medical malpractice occurred is through the four Ds of malpractice.
1. Deviation
Health care providers measure their standards against one another, both practically and legally. If you received an injury and the provider deviated from the standard of care followed by most similarly qualified physicians, you may have a malpractice claim.
2. Damages
You may have proof of damages if you must seek further treatment, suffer from pain, lose your quality of life, lose wages or earning capacity or require unplanned physical therapy. Most providers will prescribe physical therapy or further treatment before they undergo a procedure. Unexpected expenses may count as damages.
3. Duties
Every medical practitioner has several duties toward their patients. These include transparency, privacy, high standards and risk advisory. You may have a malpractice claim if your provider neglects any of these duties.
4. Direct cause
Medical procedures are risky; sometimes, a physician may claim an injury was unavoidable. Medical malpractice claims must prove that damages resulted directly from a health care provider’s decision and the decision were not necessary.
Proving medical malpractice is difficult for non-experts. Most patients must trust their providers to apply the necessary treatments. If you suspect your injury resulted from negligence by your medical practitioner, start looking into a medical malpractice case and work to receive compensation for your suffering.