Experienced Massachusetts Attorneys
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The Four Elements of Medical Malpractice Cases

If you are the victim of medical malpractice and suffer harm because of a doctor’s negligence, you should know the various elements that would allow you to file a claim. When looking at your potential case, there are four elements that you must consider. The four Ds include:

  • Duty
  • Deviation
  • Damages
  • Direct causation

Duty

First, you must prove a duty of care established between your doctor and yourself. Once there is a doctor-patient relationship, the doctor must provide reasonable care and ensure patient safety to the best of their ability.

Deviation

Deviation means that the doctor has breached their duty of care. Proving this means showing that the doctor deviated from normal obligations and acted abnormally. If your legal team can show that a competent doctor would not have made the same error, it can help your case to receive justice compensation.

Damages

While doctors may make mistakes, and it isn’t easy to endure, they don’t always allow you to file a compensation claim. You must show that you suffered physical or emotional damages because of the error.

Direct Causation

It’s essential to show that your damages were the result of the doctor’s direct actions. If you can show that the doctor’s errors or oversight led to significant harm, it can help you pursue the compensation you need moving forward. While it is often difficult to recognize when direct causation is present on your own, working with the right legal team can go a long way to helping your case.

At Crowe & Mulvey, LLP, we’ll work with you to help you understand your rights and options. From start to finish, our Massachusetts medical malpractice lawyers will work to safeguard you from large corporations. You should never have to endure pain because of someone you trust with your care. Let us be your voice against negligence and pursue the compensation you rightfully deserve.

Call our firm today at (617) 404-3417 for a free consultation.

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