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3 requirements for a medical malpractice claim

On Behalf of | Dec 14, 2022 | Medical Malpractice

Not all medical visits go to plan. Sometimes the results are not what you expected or hoped for. It is, to a degree, to be expected.

The human body is incredibly complex, and however experienced and wise a medical professional is, they cannot anticipate everything that could occur. Nor can they guarantee results. Therefore the law makes clear that you can only seek compensation when you can show that the following requirements are true:

#1. The person had a duty of care toward you

You must show the relationship of medical provider to patient existed. Typically this is the simplest of the four elements to prove.

#2. They did not meet that duty of care

This is perhaps the most challenging part. You will need testimony from other medical professionals with the experience and standing to say that your doctor did not act as they should have. That means not acting as most others with their experience would in the particular situation.

#3. You suffered injury as a direct result of their negligence

This, too, can be tricky to prove. As mentioned before, medical attention does not always result as expected. You need yet more medical opinions to firstly document the harm you suffered and, secondly, trace it directly back to what the doctor did that they should not have done.

Clearly, this is not something you should try to tackle alone, as the odds are not in your favor. Experienced legal help will be crucial to winning the compensation you need if harmed due to medical malpractice.