What Are the Four D’s of Medical Negligence?

You should be able to trust that your doctor is competent and working in your best interests. You should not have to worry that you will receive subpar medical care when you visit a physician.
 
Still, tens of thousands of people suffer from injuries related to medical malpractice each year. Even after an injury, many victims do not realize that they have a legitimate medical negligence claim.
 
That is why it is critical to be familiar with the four D’s of medical negligence. What are the 4 D’s of medical negligence? They are as follows:

• Duty
• Dereliction
• Direct causation
• Damage

We will discuss each of these concepts in greater detail below. The four D’s form the basis for all successful medical negligence claims.
 
An accomplished personal injury attorney can build a strong medical negligence case for you that incorporates the four D’s. All four of these elements are necessary for a successful negligence lawsuit.
 
To understand the four D’s of medical negligence better, read on:

1. Duty
Healthcare providers have a duty of care to their patients. They must uphold a professional standard of services for those with whom they have a doctor-patient relationship.
 
Doctors are required to maintain a high standard while providing treatments and medical guidance. This duty of care applies when providers are offering patients information about potential risks and benefits, as well.
 
This duty is also important because medical professionals have access to private information from their patients. 
 
Also, physicians and surgeons are expected to have a specific scope of knowledge. They are held to a certain standard of expertise in the realm of medical science.
 
For example, your general practitioner may recommend a specific surgery. When they do so, they should refer you to a knowledgeable and trustworthy surgeon.

2. Dereliction
When a physician, surgeon, or other medical care provider fails to fulfill their duty of care, they can be held accountable. Failing to meet the required standard of medical care is known as dereliction of duty.
 
For example, a surgeon is required to maintain a clean and safe environment for carrying out procedures. If their operating room is dirty or hazardous and the patient is harmed, they may be held liable through a medical malpractice suit.
 
Some examples of harm that might come to patients include post-operative infections or injuries. Dereliction of duty can also take the form of:

• Unauthorized surgical procedures
• Prescribing the wrong medication
• Medical records mix-ups
• Neglecting a patient’s needs
• Failing to diagnose a condition
• Misdiagnosing a condition
• And more

To prove medical negligence, the harmed patient must show that their doctor was derelict in their duty to provide reasonable care. 

Speaking with a competent medical malpractice attorney at Morgan & Morgan will ensure that your injury claim is as strong as possible.

3. Direct Causation
In order to prove medical negligence, the claimant must provide evidence to show direct causation. In this context, “direct causation” means that the physician’s careless actions were the reason for the harm the victim suffered.
 
In many cases, showing direct causation is simple. If a surgeon performed a procedure without the patient’s consent, this would be a simple case of direct causation of harm.
 
When the claimant cannot show that the medical care provider’s actions caused their damages, they will be unable to prove medical negligence. 

For example, suppose that a physician misdiagnosed a patient, and the next day, the patient was hit by a car.
 
In this case, the dereliction of duty would not be the direct cause of the victim’s injuries. Successful medical malpractice cases involve proving that the doctor’s irresponsible actions were the primary reason for the victim’s injury.

4. Damages
When you file a medical malpractice suit, you will be responsible to show that the medical negligence resulted in actual damages. The potential for harm is not enough to rise to the legal standard of “negligence.”
 
Claimants must provide evidence that they sustained measurable damages following the medical malpractice. This may include physical harm, emotional damage, and negative financial consequences.
If you or someone you love has been negatively impacted by a doctor’s careless or reckless actions, you deserve justice. 
 
When you are wondering, “What are the 4 D’s of medical negligence?” contact America’s largest injury law firm. Reach out to the qualified team at Morgan & Morgan for skilled legal guidance. 
 

After an injury caused by medical malpractice, it is normal to feel overwhelmed. Typically, victims face more than just the physical and mental difficulties brought about by their injuries.
 
Medical negligence injuries often require additional treatment and care. This can result in skyrocketing bills and expenses.
 
Victims should not have to bear the financial costs from an injury caused by a negligent care provider. If you are facing monetary losses because of a medical malpractice injury, do not wait.
  
“Damages” is the term for monetary payments to the victim of an accident or personal injury. In most medical negligence cases, victims are awarded two types of damages: “economic” and “non-economic.”

Economic Damages
This category of financial payments to victims is intended to make up for any direct monetary losses from their injuries. In cases of malpractice, victims often experience additional medical or surgical expenses. 
 
But you can pursue compensation for any financial losses that are related to medical negligence. 

Typical examples of economic damages include:

• Current surgical and medical costs
• Anticipated future medical expenses
• Property damage
• Lost wages and income from missed days at work
• Long-term decreases in earning capacity
• And more

Any financial losses from your injury can be sought through a medical negligence case. Showing economic damages will be important in terms of proving actual harm.

Non-Economic Damages
Not every negative outcome from an incident of medical negligence is monetary in nature. Many of the most difficult challenges for injury victims are intangible. 
 
Victims deserve compensation for physical, emotional, psychological, and personal harm, as well. The term for this type of financial recovery is “non-economic” damages.
 
Some of the common examples of non-economic damages include payments to compensate for:

• Physical pain, discomfort, and suffering
• Mental distress like anxiety, panic, or stress
• Post-traumatic stress disorder (PTSD)
• Disfigurement and disability
• Loss of the ability to enjoy life
• Difficulty with day-to-day activities

When a case of medical negligence results in a fatality, the decedent’s family can pursue compensation. Through a wrongful death case, the surviving family can seek recovery for burial costs, funeral expenses, and outstanding medical bills.
 
No matter the circumstances of your medical negligence case, reach out to skilled attorneys at a trusted personal injury firm. Many victims find themselves wondering, “What are the 4 D’s of medical negligence?”
 
When you need legal guidance, let the experts at Morgan & Morgan help you. Our skilled personal injury attorneys have decades of experience recovering maximum compensation for clients.

The compassionate legal professionals at Morgan & Morgan understand that victims of medical negligence often face significant financial challenges. That is why our firm’s attorneys are compensated through contingency fees.
 
With a contingency fee approach, clients pay nothing upfront. Instead, the attorney and client agree to a specific portion of the recovery from the medical malpractice case.
 
When you hire Morgan & Morgan, our lawyers will discuss this percentage with you. After your legal representative recovers the compensation that you deserve, the agreed-upon percentage will be used to cover attorneys’ fees.
 
A contingency fee payment structure ensures that medical malpractice victims can pursue legal action, regardless of their financial situation.

Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim for the harm that they have sustained. Instead, this type of payment is intended to punish the party who is responsible for the injury.
 
In a medical negligence case, punitive damages can be used to punish a physician, surgeon, or medical facility. Most malpractice cases do not result in punitive damages.
 
Punitive damages are only awarded in cases in which the liable party has been particularly reckless or egregiously negligent.

When you need the most qualified legal representation available, contact Morgan & Morgan. As America’s largest personal injury firm, our team has the skills and experience to fight effectively for our clients.
 
Since our firm was first founded back in 1988, our skilled legal team has secured more than a million successful verdicts and settlements. As a result, we have won over $20 billion in recovery for our clients.
 
Reach out to our firm for a no-cost legal evaluation to discuss the facts of your case. Fill out the contact form on the Morgan & Morgan website to arrange your free case evaluation today!