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Do you have a valid medical malpractice claim?

On Behalf of | Apr 8, 2023 | Medical Malpractice |

Healthcare providers can be held responsible for the harm suffered by a patient due to medical negligence. Therefore, you may wonder if you have a valid claim after a medical procedure yielded unexpected results or if you experienced an adverse outcome after receiving treatment.

The answer may not be straightforward, since every situation is unique and different. That being said, there are a few key factors to consider when determining if you have a valid medical malpractice claim.

What are the elements of a medical malpractice claim?

First, there must have been a patient-doctor relationship. In other words, the healthcare provider must have been attending to you as their patient when the alleged malpractice occurred. A patient-doctor relationship is essential in medical malpractice claims since it places a duty of care on the healthcare provider.

Second, there must have been negligence or a breach of the duty of care owed to you. Would you have ended up in a similar situation in the hands of an equally qualified healthcare provider? Establishing negligence can be a complex determination and often requires expert testimony.

Third, the healthcare provider’s negligence must have directly caused you harm. If a doctor made a simple error that did not affect you in any way, you may not have a case. However, you may have a valid malpractice claim if you suffered harm due to the doctor’s mistake.

Get an informed assessment and guidance

Determining whether or not you have a valid medical malpractice claim can be difficult. As such, seeking qualified assistance to help evaluate your case and guide you through the legal process is advisable.

While it can be daunting to consider pursuing legal action as a victim of medical malpractice, it’s important to hold healthcare providers accountable for their actions and ensure you receive the compensation you deserve.