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Important aspects of a medical malpractice claim

On Behalf of | May 26, 2022 | Medical Malpractice |

Most people assume that a doctor knows what they are doing and that nothing will go wrong during treatment. While it’s the case in many instances, doctors and other health practitioners can make potentially deadly mistakes when discharging their duties. Depending on the situation, it could amount to medical negligence.

When a doctor misdiagnoses you or gives you the wrong prescription, your health could be at risk. Equally, mistakes during surgery can have lifelong effects on a patient.

What do you need to prove?

The first thing in a medical malpractice claim is to establish that a patient-doctor relationship existed at the time. You can show that you were a patient through doctor appointments or other medical or financial records.

The next thing you ought to do is prove that they were negligent in discharging their duties. A doctor or any other health practitioner owes their patients a duty of care and must treat you with the reasonable skill and competence expected of their profession. If other doctors would have acted differently in a similar situation, it could be a case of medical negligence.

Failure to warn you of possible risks before undergoing a medical procedure could also amount to negligence.

Damages are equally important

Usually, the value of your claim and the subsequent compensation is relative to the damages suffered.

For instance, if you incurred additional medical bills to right the wrongs of another doctor’s negligence or if it caused you physical or psychological pain, you need to prove these damages before claiming compensation for them.

Do you have a medical malpractice claim?

As a victim of medical negligence, you ought to know that medical malpractice claims are unlike other personal injury cases. There are a lot of technicalities involved, and sometimes, medical experts are called in to testify.

Pursuing compensation can seem an uphill task, but you can protect your interests and ensure you get justice if you know what needs to be done.