Which of the following of the four Ds of negligence includes proof that the patient received an injury?

We represent clients in the Louisville metropolitan area and the surrounding counties, as well as the entire Commonwealth of Kentucky.

The four D’s refer to the four requirements in a medical malpractice case in order for a victim to receive compensation. These four factors include duty, deviation from that duty, damages, and direct cause.

You and your malpractice lawyer must establish the four D’s before you can file a lawsuit against a physician and receive compensation. Therefore, it is important to know what each one of these factors are and how they influence your case’s outcome.

Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.

The Four D’s of Medical Malpractice Explained

You trust doctors to take care of you and make you better when you feel ill or if you are injured. Unfortunately, medical errors are too common in the United States, and most of them are preventable. Medical errors are tagged as the third leading cause of death and cause a minimum of 250,000 deaths each year. Being in third means that they are almost as lethal as heart disease.

Unfortunately, most victims do not realize they are victims of malpractice until years have passed or until their death and an autopsy reveals it. Regardless, victims and their loved ones do have the right to seek compensation against the physician, hospital, clinic, nurse, or other medical personnel responsible for the injury or death.

To do so, the plaintiff (the victim) must prove the four D’s and show that the evidence of those four D’s warrants fair compensation.

1. Duty – Healthcare Provider’s Duty of Care

The first D stands for Duty.

A patient must prove that they had a patient-physician or patient-healthcare provider relationship established and that the healthcare provider owed them a duty of care. Anyone caring for a patient in a medical setting is required to follow protocols and exercise competence when caring for that patient. They are required to listen to the patient and respect their views and requests. And if the specialist feels that they do not have the credentials to properly care for that patient, they should refer them to another medical professional who can.

Establishing a duty can be as simple as providing copies of medical records showing that the physician or healthcare provider was overseeing the victim’s treatment.

2. Deviation – Physician Deviates from the Expected Standard of Care

The second D stands for Deviation. Physicians and healthcare providers are held to a higher standard than someone who does not have a license to practice medicine. Therefore, if they deviate from that industry accepted standard, they could be found liable for malpractice.

The patient must show that the physician or healthcare provider failed to comply with those medical standards – including those specific to his or her profession.

Some examples of a deviation from the standard of care would be:

• Misdiagnosing a patient;
• Missing a diagnosis and diagnosing too late;
• Giving the wrong medication;
• Prescribing a medication that has a dangerous interaction;
• Prescribing the wrong dose;
• Using medications for off-label treatment;
• Doing unnecessary procedures; or
• Surgical errors.

3. Damages – The Deviation Caused Damages

The third D is for Damages. The patient must also show, using a preponderance of the evidence, that the physician’s deviation from the acceptable standard caused damages. Damages are not just physical, but also may be mental, emotional, and, of course, financial.

Evidence to prove this can include medical records, prescription records, statements from other physicians in a similar industry, and the cost of corrective treatment the patient endured.

Evidence must show that the breach of duty did cause the injury and that injury included physical and financial damages.

4. Direct Cause – The Deviation was the Direct, Not Indirect, Cause of the Damages

The fourth D is for Direct Cause. Lastly, a patient must show that the deviation by the healthcare provider was the direct cause of his or her injuries.

For example, a broken arm does not heal correctly because the orthopedist did not apply the cast per the industry standard. In this case, the patient would have a direct cause linking the healthcare provider to their injuries.

On the other hand, if the patient was playing football with a broken arm in a cast and they fell and injured it further, then the physician is not the direct cause of the injury; instead, it would be the patient who did not follow treatment protocol for their arm.

Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.

Do You Need an Attorney?

While you may think your malpractice case is straightforward, these cases are highly complex. You are going up against teams of attorneys that work for the physician and their malpractice insurance company. Therefore, they will not give away compensation easily.

Instead, you need a lawyer with experience handling malpractice claims. They will collect the necessary evidence and prove with that evidence that you deserve maximum compensation.

Just some of the compensation you can receive from a malpractice case includes:

• Medical Expenses: Not only should you not pay for the medical expenses associated with the injury, but you should not pay for any future medical costs that result from the healthcare provider’s negligence. Any costs already paid by your insurer will also be compensated back to the insurer – so that you do not have to worry about maxing out any insurance benefits.
• Lost Wages or Loss of Earning Capacity: Wages you would have earned while recovering from your accident along with wages you lost as a result of permanent disability also count toward your compensation value.
• Pain and Suffering: A malpractice injury could lead to serious physical pain, both emotional and mental. You might permanently fear hospitals or physicians after your experience, have chronic pain issues, or suffer from depression after being permanently disabled. All of these are compensable.

If you have been injured due to a physician’s negligence, contact a malpractice attorney, right away. Schedule a consultation with Gladstein Law Firm, PLLC, today to discuss your case and see if you have a claim. Schedule your appointment with attorney, Seth Gladstein, himself by calling 502-791-9000 or request more information by filling out our online contact form.

Contact Gladstein Law Firm, PLLC
online or by calling 502-791-9000.

What are the 4 Ds of negligence?

What are the 4 D's of medical negligence quizlet?

Which one of the D's best describes the negligence towards the patient?

Which of the 4 Ds of negligence is met if a health care provider breached the duty of care to the patient?