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If you think that you could have a valid claim for medical malpractice, you should talk to an attorney as soon as possible. There may be a statute of limitations in your state that places a time limit on medical malpractice claims. These time limits usually give injured patients a year or two to file a lawsuit.
In short, the 4 Ds are duty of care, deviation of duty, direct cause, and damages. Read on to learn more about these elements and how you can hold a negligent medical professional accountable. For specific advice and guidance about your case, contact an experienced medical malpractice attorney.
Summarize all of the facts and other evidentiary details that prove your injuries, outline your course of treatment and establish a claim for other damages. Youll need to tie in the physicians conduct that rises to the level of malpractice and assert that it was his or her negligence that caused your injuries.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
What Are the Four Elements of Medical Malpractice? Duty: The duty of care owed to patients. Dereliction: Or breach of this duty of care. Direct cause: Establishing that the breach caused injury to a patient. Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.
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The four Cs of medical malpractice compassion, communication, competence and charting serve as a cornerstone to help doctors and other care providers navigate their interactions with patients in order to avoid medical malpractice lawsuits.
The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.
Your case must establish that the healthcare providers breach of the duty of care caused your injuries or illness. In a medical malpractice case, causation is especially difficult to prove because you have to show that the injury would not have occurred without the medical providers negligence.

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