There are specific things you need to be able to prove in order to file medical malpractice claims. First you need to be able to establish a relationship with the patient and doctor, then you need to prove that the doctor did something wrong that will leave you with the results for at least the foreseeable future. If you can prove both of these things, it may be time to contact an attorney and see what options you would have if you chose to go to court. They can help you figure out if your case would stand up or be thrown out.
Medical Malpractice Claims Requirements
The very first thing you need to do in order to qualify for a medical malpractice claim is to be able to show a relationship directly linking the patient to the doctor’s care. The actual procedure that you want to file against has to have been done or overseen by the doctor you are filing your medical malpractice claim against in order to be able to file this paperwork. If it wasn’t, there’s typically no reason to file in the first place.
You will also need to be able to prove that the doctor was negligent in some way, shape, or form. This can be through making a mistake or doing something he or she knew was wrong. You need to be able to show the court that another doctor that had equal experience and education, going through the same basic circumstances, would not have made the exact same mistake that your doctor did. This can be a pain to prove, but this is one of the cases where a medical malpractice attorney can be a major asset.