If you get ill or suffer an injury after receiving medical attention, you may want to hold someone responsible. Filing a medical malpractice claim can allow you to do this; however, it can only do so if your lawsuit succeeds.
Understanding a little about the appropriate laws can help you evaluate whether you may have a valid claim. If you feel you do, then you can seek further advice from someone qualified.
Medical malpractice is rarely easy to prove
During the last year, lawmakers came under increased pressure from hospitals and medical associations to relax their responsibility toward patients. They wanted to be free to work without the threat of litigation hanging over their heads. Current law recognizes that medics cannot control all situations and that sometimes things will happen that means a patient suffers injury or illness after a hospital visit. Yet, it still deems that medics and medical facilities have a duty of care toward their patients and can be held responsible in specific circumstances. Medical malpractice claims can be successful where you can show the following are true:
- An injury has damaged you
- That injury was due to something the defendant did or failed to do
- The defendant diverted from expected practice
- The defendant had a duty of care toward you
If any of those four factors do not apply to your case, a court will likely reject your claim. Proving you have a valid claim will require patience, thorough investigation and determination. In addition, you will need to find expert witnesses to support your claim and a skilled team to argue your case. Without all these elements, you will not receive the compensation you need.