When identifying a valid medical malpractice claim, four key elements must be demonstrated. If you can establish a clear link between these four basic elements, you have the foundation for your claim.
Let’s look at each of them to understand how they interact to form a solid basis for a claim
Duty of care
First, you need to show that the medical professional had a duty of care to you as a patient. Perhaps they were assigned to your case while working in a hospital setting. You must officially demonstrate that this person was responsible for acting in your best interests and providing you with medical care.
A breach of that duty
Next, you must show that the medical professional breached this duty. Rather than giving you the level of care you expected and deserved, they made a negligent mistake. These mistakes can take many forms, such as performing surgery on the wrong site, administering the wrong medication or failing to monitor vital signs during surgery.
The breach caused harm
The third factor to consider is whether their negligence directly caused harm. For example, you may have suffered an overdose due to incorrect medication or developed a lifelong disability from a surgical error. The key is to show that their mistake had a serious and negative impact on your health.
You are due compensation for damages
Finally, you must demonstrate that you are due compensation as a result of the malpractice. That means you need to show that your injuries led to lost wages, additional medical bills, pain and suffering and potentially other economic and/or non-economic damages.
When these four conditions are met, you have a valid claim. Having experienced legal guidance can help you determine whether you have a valid claim and help you pursue it.