The 4Ds of medical malpractice are; duty of care, dereliction, direct causation, and damages. If you are reading this article, I am going to assume you feel you may have a medical malpractice lawsuit you want to claim.
Today we will go over the 4Ds and what this could mean for your case.
What Is Medical Malpractice
Medical malpractice is when a patient is injured or harmed due to negligence by a doctor, nurse, and/ or facility.
In order to file a claim, you need to go through the proper steps first. One of the steps to notify the negligent party that you are filing a claim and give them the allotted time to respond.
The 4Ds of Medical Malpractice
Duty Of care
If you are a patient of a doctor, that doctor owes you a duty of care, to provide safe and effective care within their skill that would be expected of a competent physician.
Dereliction is the failure to fulfill one’s obligation. This falls into the duty of care, but a part of this medical malpractice lawsuit process is for the colleagues to testify against the negligent party. This can be a roadblock in a lot of cases.
This where you need to prove that the doctor or negligent party is the direct cause of your pain. Depending on the pain or what happened to you, this could be fairly easy to prove. If a tool was left inside you, it is hard to argue against that. Also, if you have no prior medical records of an injury to the affected area, and now you live in pain after the negligent procedure; again shouldn’t be tough to prove.
This is you proving the damages you have suffered; physically, mentally, or both. Providing a copy of your medical records, medical history, witness testimonies, and if you’ve been absent from work, can all be included here.
Over 200,000 people die a year from medical malpractice, making it the 3rd leading cause of death in the United States.
Which is way too high! If you are a victim of medical malpractice, it would be in your best interest to speak with an attorney and see if you have a case. A good medical malpractice lawyer will know what steps you need to follow, and what evidence you will need to get justice and compensation for your injuries.