If you experienced substandard medical care, you may have a legitimate malpractice case against the healthcare provider. But, what is the legal threshold of a valid medical malpractice claim? The answer depends on the particulars of your situation, as explained below.
First, it’s crucial to recognize that receiving medical care that fails to yield the desired outcome or falls below your expectations does not necessarily constitute malpractice in the eyes of the law. Certain elements must be present to establish a valid claim.
Basic requirements for a medical malpractice claim
First, there must be a professional relationship between you and the healthcare provider, which creates a duty of care. Healthcare providers are legally obligated to provide a standard of care that is reasonable and expected within their profession.
Next, there has to be a breach of the duty of care owed to you. In other words, the healthcare provider must have deviated from the expected standard of care. This standard is defined by what a reasonably competent healthcare professional would do in similar circumstances.
The breach of care by the healthcare provider must also cause you harm for a valid medical malpractice claim. The direct link between their negligence and the resulting harm is a crucial aspect of your claim.
Present a strong medical malpractice claim
Evidence is crucial to your medical malpractice claim. Expert testimony, medical records and financial documentation can go a long way in supporting your claim against the negligent healthcare provider. Legal guidance is equally invaluable when navigating the complexities of medical malpractice claims and presenting a compelling argument that will increase the odds of a favorable resolution.