You might have a valid medical malpractice claim if you suffered harm from the negligence of a healthcare professional. It could be a failure to diagnose, getting the wrong medication or even an infection acquired at the hospital.
However, the negligence of the healthcare provider must be ascertained for a successful outcome of your claim. Here is what you need to know about proving negligence as a victim of medical malpractice.
Establish the existence of a patient-doctor relationship
Proving the existence of a doctor-patient relationship is the first step in proving negligence in a medical malpractice case. Such a relationship means that the healthcare professional was responsible for providing you with medical care, and you agreed to receive that care.
The doctor-patient relationship creates a duty of care, and the healthcare professional has a legal obligation to provide a reasonable standard of care under the circumstances.
Proof that the healthcare provider breached the duty of care
The next step is to prove that the healthcare professional breached their duty of care. This requires showing that they did not provide the standard of care that a reasonable healthcare professional would have provided under similar circumstances.
An important question to ask when proving medical negligence is if you would have suffered a similar fate at the hands of a different and equally qualified healthcare provider. This can be proven through expert testimony from other healthcare professionals who can provide their opinion on the expected standard of care.
Do not take any chances with your medical malpractice claim
Medical malpractice claims are unlike other personal injury cases. They involve a lot of legal intricacies, and you may get overwhelmed if you go it alone. Therefore, it is worthwhile to have adequate legal representation and counsel when navigating the claims process. That way, you will protect your interests and significantly increase the chances of things going your way.
