What Are the 4 D's of a Medical Malpractice Lawsuit?

The Hippocratic Oath is the cornerstone of modern medicine. This oath is one of the oldest binding documents in history, and physicians still use it today. When a physician or medical worker takes the Hippocratic Oath, they are swearing to provide the best medical care and cause no harm to their patients. When a person breaks the Hippocratic Oath, they shatter the lives of those who have entrusted their health to them. 

Recovering from an instance of medical malpractice is difficult. When a person is suffering because of a medical procedure that was supposed to help them, the last thing on their mind might be compensation. However, victims of medical malpractice should immediately begin considering their options because the state of Louisiana places a limit on how long a person must file a medical malpractice claim. The state requires all medical malpractice claims to be filed within one year from a procedure or the discovery of an injury.

Sometimes, it might be hard to tell if you suffered from medical malpractice, especially when doctors, nurses, hospital lawyers, and other parties deny it happened. Knowing the four D’s of medical malpractice will help a patient determine if they have a case. A person must be able to prove that these four events occurred for a successful malpractice claim.

The Four D’s of Medical Malpractice

  • Duty

The term duty defines the relationship between a doctor, nurse, or another medical professional and a patient. It establishes that every patient-physician relationship is founded on the principle that doctors help patients. Medical workers have a duty to follow specific procedures and provide the care a patient requires. If they cannot provide adequate medical care or meet a patient’s desires, they should refer them to a specialist. No matter what, a doctor or medical worker must ensure that they aren’t betraying a patient’s trust.

  • Dereliction

All medical professionals receive training to care for patients. When they fail to perform according to their training, dereliction occurs. Dereliction is also referred to as deviation in some instances.

Dereliction includes mistakes such as the following:

  • Misdiagnoses
  • Late diagnosis
  • Prescribing incorrect medicines
  • Not following standard practices
  • Surgical errors

In short, a person needs to prove that medical professionals didn’t follow their training and could have prevented an injury had they done so.

  • Damage

A person needs to provide that a medical professional damaged their health in some way. Proving damage can be accomplished through a variety of methods. Medical records can prove damage and, in some instances, a patient might need the diagnosis from another medical professional to show that damage occurred.

  • Direct Cause

Finally, a patient needs to be able to prove that a medical professional was the direct cause of their injuries. For example, if a person has a hip replacement and an error during surgery causes them nerve damage, this could be considered a direct cause. However, if the same type of surgery was successful but a patient later falls and breaks their hip replacement, this is not direct cause and is not medical malpractice. 

Turn to Tony Clayton to Prove the Four D’s

If you are suffering because of medical malpractice, it’s important to contact at attorney as soon as possible. Hiring a lawyer will enable you to focus on your recovery while they investigate your case and work to prove the four d’s.

Attorneys can recover losses in medical malpractice cases such as the following:

  • Pain and suffering
  • Medical expenses
  • Loss of wages
  • Loss of an ability to earn wages
  • Loss of consortium

Since 1991, Tony Clayton has been fighting for residents of Louisiana. Through the years, he’s secured millions of dollars in victories for clients, winning some of the largest verdicts in state history along the way. While nothing can change what happened to you, Tony Clayton will fight to hold negligent medical workers accountable for their actions.

Contact us today for a free consultation of your case at (504) 608-3211. We never collect a fee unless we win results for you.