Medical malpractice is one of the more common cases that victims (or relatives of victims) would like to bring to court. However, many medical malpractice cases never see the courtroom since they are not actionable. According to Findlaw, in order for a medical malpractice case to be considered actionable there must be three specific elements to the case.
“Actionable” is essentially another word for “having a legitimate lawsuit.” If the lawsuit is not actionable, this means that it cannot be brought to court. The three elements that must be present in order to ensure that your medical malpractice claim is actionable are duty owed, a breach of duty, and proximate cause.
The first two elements are generally the easiest to prove. It must be true that the physician was in a voluntary doctor patient relationship with the victim. It then must be true that this duty was breached. The more difficult element is proximate cause. Proximate cause is essentially proving that the harm caused by the proven breach of duty could have been avoided if it was not for the negligent actions of the medical professional. It is proximate cause where the malpractice case has its hinge.
Proximate cause is important to all types of negligence cases. Essentially, a medical malpractice case is a variety of negligence. The reason why so many medical malpractice cases never come to court is due to the case ultimately being an actionable. Your chances of a successful medical malpractice case often depend on time. The earlier you file your medical malpractice case, the more likely success is.