You have to put your trust in medical professionals when you seek treatment. Most of the time, they’re excellent at what they do, but they can make mistakes and when they do the impact can be devastating.
If you’re dissatisfied with the treatment you’ve received, you might consider filing a medical malpractice claim. But taking this route requires more than just feeling unhappy; a medical malpractice claim must meet four key criteria.
Duty of care
Was the person you’re thinking of suing actually responsible for your well-being? In simpler terms, are you placing the blame on the right person? In a hospital, there are plenty of staff members, but not all of them are directly involved in your care.
Dereliction of duty
Did they fail in their duty to you or act negligently? You’ll need to show that their behavior was significantly different from what’s expected of people in their position.
What harm did they cause you? Typically it needs to be something significant.
Can you show a direct connection between their actions or inactions and the harm you suffered? Remember, the reactions of the human body are not always predictable. Injuries or illness could also occur due to many other external factors.
If your case lines up with these four essential criteria, the next step involves seeking legal advice. Proving a medical malpractice claim requires solid evidence, and knowing how to gather and present that evidence effectively is crucial.