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Know these elements to fight your medical malpractice case

If you've been hurt at a hospital or clinic, you need to understand the elements of a medical malpractice lawsuit.

There are four elements to malpractice. These include duty, breach of duty, damages and causation. When it comes to your case, the burden of proof is on you, the plaintiff, not the defendant. To win your case, you'll need to prove all four elements took place.

Duty is what is owed to the patient. For instance, if a nurse is giving you a shot, she should know how to give you that shot safely. She should wash her hands to prevent infection or wear sterile gloves. She should get the right medication and dosage for the shot. If any of these things aren't done, you could claim she was being negligent.

If she is negligent, then you can show a breach of duty. That's when a nurse or doctor fails to provide a service in the way it's meant to be performed. For example, if the nurse is trying to give you an IV and fails multiple times but refuses to call someone who can help get an IV safely in, that could be a breach of duty.

Damages are a direct result of the breach of duty. If you suffer nerve damage, for example, because of multiple compromised veins due to a poorly placed IV, you could show that you suffered harm from poor patient care. Finally, you need to show that the injury caused was a direct result of the actions taken by the medical provider.

If you can do all these things, you'll be in a good position to win your case. Our website has more information about malpractice and what you can do to get your claim moving.

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