Many people’s hospital experience is less pleasant or successful than they hoped. Yet, not all of them have the option to file a claim for compensation.
Medical malpractice cases can be extremely challenging to prove, so it is crucial you get honest advice about your chances of success. To get you started, here are four things that will be essential. Some call them the four Ds:
- Damage: You cannot bring a claim unless you have suffered injury or illness. Suffering an inconvenience or having a disagreeable experience is not sufficient.
- Deviation: What did the person you are claiming against do wrong? If the defense team can show most other doctors in their position would have acted in the same way, a court may refuse your claim. The circumstance of an event can play a significant role here. A doctor performing an emergency procedure at night, with no power, amid the rubble of a building collapse will not be expected to meet the same standards as one working with a team of colleagues in a private clinic full of technology.
- Duty of care: You need to claim against the right person. If the person or facility you are filing against can show there was no doctor-patient relationship, they may get off the hook.
- Direct Cause: You need to show a direct link between the actions of the person you are accusing and your injury. They may try to blame external factors.
Medical malpractice claims require considerable proof
Science still does not understand everything about the human body, and seemingly straightforward procedures can have unexpected consequences. Therefore, courts expect a high burden of proof to convince them that your injury was not down to a freak event. Having assistance to compile that evidence and present it will be crucial to your chances of success.