When you fall ill, you trust that you will walk into the doctor’s office and receive the treatment you need to get back on your feet. However, this is not always the case. It is not unusual for the health care provider to make costly mistakes that eventually result in an injury, an illness or even death of the patient. When this happens to you or your loved one, a medical malpractice claim can be filed against the responsible health care provider.
However, it is not always medical malpractice when something goes wrong while the patient is in the doctor’s care. For this reason, the answer to the question, “do I have a medical malpractice case?” is usually, “it depends.”
What you need to file a successful medical malpractice claim
Medical malpractice is an error on the part of the health care provider whose performance fails to meet the accepted standard of care, resulting in harm to the patient. You must demonstrate the following to pursue a medical malpractice claim successfully:
A doctor-patient relationship existed
You must establish that you were a patient of the medical practitioner that you have accused of the malpractice when the injury occurred. This is also known as a “duty of care.” You can use the medical records and bills with the health care provider’s name on them to prove this.
Negligence on the part of the health care provider
All medical care comes with a certain degree of risk. Thus, to prove negligence, you must demonstrate that the health care provider failed to act in a manner that any reasonable and skilled physician would have. In other words, you must prove that the doctor did not provide the standard care that you are entitled to.
The negligence resulted in harm
You must demonstrate a connection between the physician’s negligence and the injury you sustained. Additionally, you must prove that your injury is compensable.
Medical malpractice happens all the time. If you believe you are a victim of medical malpractice, you must prove these elements so you can stand a chance of winning your case and getting the compensation that you deserve for your injuries.