When pursuing a medical malpractice claim, there are certain factors you and your attorney need to demonstrate to make a successful case. Typically, there are four crucial elements which we call “The Four D’s of Medical Malpractice.” Here’s how it works.
What Are the Four D’s?
The four D’s are duty, deviation from care, direct cause, and damages. When you demonstrate each of these elements, you have a much stronger foundation for your medical malpractice case and significantly increase the chances of a successful claim.
Duty: This means you must demonstrate the person you’re accusing of medical malpractice was your doctor and had a duty to care for you. Often this is as simple as getting your medical record from their office.
Deviation from Care: This is one of the most difficult elements of a medical malpractice case. You need to demonstrate that the doctor deviated from the normal “standard of care.” This is like a legal yardstick asking what a similar doctor of the same field would do in a similar situation. If your doctor deviated from the standard, it’s more likely to be medical malpractice.
Direct Cause: To bring a case forward, a plaintiff must demonstrate that they suffered a specific injury as a direct result of their doctor’s deviation of care. Usually, these injuries must be severe to justify bringing a case forward.
Damages: This means that you suffered damages, either physical or financial, as a direct result of the malpractice. Often, this means you were hospitalized, or your condition became worse as a result of the error. If you were unable to work because of medical malpractice-related injuries, you might be eligible for lost wages and other damages.
Consult a Medical Malpractice Attorney
Demonstrating the four D’s isn’t easy, which is why many people who have experienced medical malpractice speak to an experienced attorney. An attorney knows how to assemble the facts of your case and present the evidence in a way that will give you the best possible chance of earning the damages you are entitled to.
If you or someone you love experienced medical malpractice, you may have a case. If you’d like to schedule a free case consultation with an experienced Northwest Indiana medical malpractice attorney who cares, please don’t hesitate to give us a call at (219) 212-2462 or send us an email so we can discuss your options.