Most people placing their trust in a medical professional or facility are rewarded with relief from a condition. Others are not that fortunate. Medical professionals and facilities make mistakes every day and some of them can change the course of a patient's life forever. There are four main aspects to a medical malpractice claim and all of them have to be satisfied before you can even file a case against anyone. Read on and find out more.
Not An Easy Process
For those hurt by someone they trusted, seeking damages is no easy task. Medical entities have a lot of protection in the courts and plaintiffs have to (almost) prove their case before they can file a claim in court. With that in mind, take a look at what may be needed for you to have a valid medical malpractice case.
- You must show that you and the medical professional or facility had a relationship – That may sound simple but some patients are not certain who did what when surgery and other treatments are carried out. Think of a surgical procedure where dozens of doctors, nurse practitioners, technicians, and others formed a team to care for you. If you were harmed as a result of that surgery, it's vital that you understand who was at fault because you probably cannot sue the entire facility when only one person did the harm.
- You must show that someone failed to use care and skill when they treated you. Doctors and others work under a standard of care provision. That means their actions may be compared with what others commonly practice in similar situations. It can be difficult for patients who feel that something is wrong to identify exactly what went wrong. That, fortunately, is the job of a medical malpractice lawyer.
- You must show that the harm done to you was "more likely than not" a result of the care you received. This provision forms a direct link between their actions and your damages. For example, some people with prior medical conditions like heart trouble, diabetes, and immune system disorders are more prone than others to the negative after-effects of surgical procedures. Those thus afflicted went into surgery knowing the risks and if the medical professional did all they could then you may not be able to form that link.
- You must demonstrate harm done. This, the final provision is also often the easiest to fulfill but you must still show a connection between your harm and the act. Not all negligent acts cause harm. For example, the doctor may have made a mistake, which they admitted to. If your harm had nothing to do with the mistake, no harm has been demonstrated.
To find out more about your claim, speak to a healthcare attorney who practices medical malpractice law.Share