You may have a valid medical malpractice claim if you suffered harm from the negligence of a healthcare provider. It could be a case of a delayed or incorrect diagnosis, surgical or medication errors or even a hospital-acquired infection. Either way, you are entitled to compensation for the damages you sustained.
However, like with all other personal injury cases, you must prove the element of negligence for a successful medical malpractice claim. In other words, you must show that the healthcare provider was negligent while discharging their duties, leading to your injuries. Here is how you can go about it.
Establish the existence of a doctor-patient relationship
The first step in proving negligence in a medical malpractice case is demonstrating the existence of a doctor-patient relationship between you and the healthcare provider when the malpractice occurred. Doing so places a duty of care on the healthcare provider as the law requires them to provide reasonable care to patients.
You can use your medical records, appointment cards or any other documentation that shows you sought and received medical care from the healthcare provider.
Show that the healthcare provider breached their duty of care
Proving a breach of the duty of care owed to you requires showing that the healthcare provider’s actions or omissions deviated from the accepted medical standards.
Expert testimony from medical professionals in the same field can be crucial in establishing this breach. They can provide opinions on what a competent healthcare provider would have done under similar circumstances.
Link the healthcare provider’s breach of duty to your injuries
Lastly, you must show that you suffered actual harm or losses directly caused by the healthcare provider’s breach of the duty of care. Medical bills, lost wages, emotional anguish, pain and suffering are common examples of the ensuing damages in medical malpractice cases.
The facts and circumstances of your claim matter
Each medical malpractice case is unique, and the process of proving negligence can be intricate. Therefore, it is essential to seek qualified legal assistance to protect your interests and help ensure you do everything right. It can make all the difference in your claim.