What was the expected standard of care?
What would a competent professional in the same field normally do in such circumstances?
Was there a clear duty of care owed by the health provider to the patient?
Was the provider directly responsible for the care of the patient at the time of the alleged negligence?
Did the health provider breach the standard of care?
Was there failure to carry out the procedures or actions that are expected?
Was the breach of duty a direct cause of injury to the patient?
Was the provider’s actions (or inactions) the direct cause of the patient’s injury? What were the injuries or damages inflicted on the patient?
What are the precise physical, emotional, or financial injuries the patient sustained?
Is there medical evidence that will support the claim?
Read Also:
- https://legalpulse360.com/6-frequently-asked-questions-about-pharmaceutical-laws/
- https://legalpulse360.com/20-questions-about-the-role-of-ethics-in-health-law-answered/
- https://legalpulse360.com/8-key-questions-about-legal-healthcare-compliance/
Are there records, expert testimony, or other evidence that the injury was a result of the provider’s negligence?
Were there intervening factors that contributed to the harm?
Were there other factors (such as the patient’s own actions, prior medical conditions, or external circumstances) that played a role?
Has the patient ever had any similar problems with this provider?
Are there patterns of negligence or errors in care that indicate a history of substandard practice?
What are some possible defenses the healthcare provider may argue?
Could the provider argue that the injury was a known risk of the procedure or that no negligence occurred?
What is the potential for settlement or alternative dispute resolution?
Can the case be resolved through negotiation or mediation, or will it need to proceed to court?
