Medical malpractice occurs when a healthcare provider fails to provide reasonable care to a patient leading to injuries or harm. However, just because something went wrong or your condition deteriorated does not necessarily mean you have a valid medical malpractice claim.
The element of negligence must be present for a legitimate claim, and the burden of proof lies on you, the patient. In other words, you need to show that the healthcare provider breached the duty of care they owed you and that their negligence caused you harm.
It is advisable to gather all relevant medical records that may support your malpractice claim. These include documents showing the existence of a patient-doctor relationship, the tests conducted or drugs administered and the harm you suffered afterward.
In most instances, an expert in the medical field related to your claim may give an assessment of whether there was negligence involved. For example, an experienced surgeon who understands the procedure and potential risks of an operation can determine whether there were any avoidable mistakes.
Sworn testimonies by medical experts can help ascertain if you would have ended up in a similar situation had you been handled by a different but equally qualified healthcare provider.
If you believe you have a valid medical malpractice claim, it is best to seek professional guidance as soon as possible. A lot is involved in such claims, from gathering evidence to negotiating a settlement, and it can be hard to keep track of everything. The proper legal representation in the claims process will help protect your interests and make the most of your claim.