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What 4 things must you show in a medical malpractice claim?

| Jun 17, 2021 | Medical Malpractice

Not all medical interventions turn out as well as you hoped. When they do not, the consequences can be devastating.

Yet, the law does not expect all medical situations to end ideally. It accepts that the human body remains something of a mystery about which there is still much to learn.

A bad outcome doesn’t necessarily equate to malpractice

When a hospital visit does not provide the results you hoped for, it does not mean you can necessarily file a medical malpractice claim. To do so, you must show four things:

  1. There is damage: You will need medical evidence to show that you have suffered some kind of lasting harm to your health, rather than a temporary setback.
  2. There was a duty: If you wish to bring a claim, you need to direct your claim to the person or people who owed you a duty of care. Not everyone in a hospital has a duty of care toward you, so you need to show who did.
  3. There was causation: You need to show a link between the actions of the person you seek to blame and the harm done. For instance, you may claim that your poor outcome was due to your doctor’s failure to diagnose you with a specific condition sooner, but can you prove that the delay actually contributed to or caused your health decline?
  4. There was a deviation from the norm: You need to show that the medic’s decision or actions did not align with what would be usual for someone of their experience in the same situation.

Proving medical malpractice can be incredibly challenging, and you may feel the law favors the medics. That is why having an experienced team on your side is crucial to enhance your chance of getting the compensation you need.

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