Understanding Actionable Medical Malpractice

Actionable medical malpractice is a phrase sometimes used to describe medical negligence for which legal actions could be taken.

Medical negligence in itself refers to the failure of medical practitioners to appropriately diagnose or treat health conditions, thereby leading to more serious conditions.

General Requirements for Actionable Medical Malpractice

It is notable that a doctor cannot be sued for just any medical condition a patient may be suffering for. There are some requirements or factors considered for a case of actionable medical malpractice to be possible. Here are the four main things to be established.

1. Doctor-Patient Relationship

This is the first thing that must exist for a case of medical malpractice to be actionable. Once this doctor-patient relationship is established, a doctor is duty-bound to ensure that proper treatment is rendered to a patient. You cannot sue a doctor you do not have such a relationship with.

2. Informed Consent Breach

This is assumed to exist provided a doctor-patient relationship has been established. Informed consent relates to the communication of diagnosis and treatment regarding a medical condition, between a doctor and patient. Any decision reached by the two parties is binding on both. Action can be taken against a doctor for a breach of informed consent.

3. Failing to Meet the Appropriate Standard of Care

This means a patient is entitled to the best level of care possible given a particular condition or their location. Put another way, it means your doctor must render the quality of care commensurate with what is obtainable in your area, their skills, and available facilities. If a discrepancy is noticed in the level of care, leading to an injury, you may have an actionable medical malpractice case.

4. Proximate Cause

The likelihood of you being able to pursue a case against your doctor lies in your ability to prove the immediate cause of your injury. If you can prove that a particular negligence of your doctor or health care provider led to your injury, you have a case of proximate cause, which is very likely actionable.

Speak with an Attorney

These are just four of the requirements for actionable medical malpractice. It is strongly recommended that you seek the help of a competent medical malpractice attorney who is familiar with the laws regarding medical malpractice in your state. Cases of medical malpractice can be quite complex. A skilled attorney can ensure you receive the appropriate amount of compensation need to recover and move on with your life.

If you or a loved one has experienced an instance of actionable medical malpractice in Missouri or Illinois, contact our law firm to speak with a St. Louis medical malpractice attorney. Call (314) 588-7200 or fill out our Online Contact Form to schedule a free and private consultation.

photo credit: salimfadhley via Flickr