What Are the Four D’s of Medical Negligence?Mississippi Legal News
The four D’s of medical negligence are essential to know when you want to file a medical malpractice claim in Mississippi, or anywhere else in the country. These are the parts of your malpractice lawsuit you will need to prove in your claim in court if your case goes to trial. They range from the damages and harm you suffered to the acts committed by your doctor that caused those damages. Ask a Jackson medical malpractice attorney for help if you have any questions about this.
The Four D’s of Medical Malpractice
The four D’s of medical malpractice make up all the components you must prove for your case to win. Not proving even one of these components could hinder your case and prevent you from receiving compensation. That being said, the four D’s of malpractice cases are:
- Direct cause
You have probably heard the word duty many times before, but in the context of tort law, duty means the obligation of a medical professional to treat or terminate the client. Failing to treat a client, therefore, counts as a breach of this duty. So does terminating or discharging a patient for no legitimate reason. This is considered negligent when the doctor stops seeing a patient and this leads the patient’s medical condition to worsen.
When a doctor does not have sufficient medical reason to stop seeing a patient, this constitutes malpractice. The damages caused by this are what harm the patient. This ranges from harm from a lack of treatment to harm caused by the doctor through a surgical or medication error.
Dereliction is a less well-known term that describes the breach of this duty of care. A breach happens when the medical professional falls below the standards of medical care. Things like mistakes, miscommunications, and incompetence can contribute to this.
Direct cause demands that you prove that your damages were caused by your doctor. Contact a Mississippi malpractice lawyer to explore ways to do this.
What Damages Could I Sue for with Medical Malpractice?
Knowing the damages you can sue for is helpful for calculating the compensation you could receive. Most medical malpractice damages include:
- Medical bills
- Loss of enjoyment caused by severe injuries
- Pain and suffering
- Emotional distress
- Punitive damages
Some cases may involve compensation for the family of the patient. The most severe cases involve compensation for funeral expenses when a patient passes away by the negligence of a medical professional.
The real challenge is proving these damages. Some of them are easier than others to prove, like medical bills. Whereas, emotional distress can be difficult to find hard evidence for. This is why any emotional stress or suffering usually involves witness and expert testimony.
Medical Malpractice Attorney in Mississippi
Going up against the hospital’s team of lawyers can be overwhelming to take on alone. Consider contacting Germany Law Firm, PLLC, today by dialing (607) 487-0555 to talk to a Jackson medical malpractice lawyer. Our Mississippi malpractice lawyers have years of experience and might be able to help you receive significant compensation. We are located in Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.