We tend to trust our medical providers because we know that they are experts in their field. This means that we are willing to do things such as go through a surgery based on their advice. While following the advice of medical experts tends to be a very good idea, sometimes mistakes are made and damages result. In these cases, many patients wonder if they can take legal action against their medical provider.
If you have suffered emotionally or physically after a botched operation, it is important that you understand what needs to be proven in order to claim back damages. The following are the first things you should consider before taking action to make a claim.
Did your medical provider breach their duty?
You will not be able to claim back damages if you cannot show that your medical provider breached their duty toward you. In order to do this, you should first have some form of proof of the professional relationship between yourself and the person you are making a claim against. This is enough to establish that a duty of care was owed to you.
When this has been established, you need to show that the duty was breached, either through carelessness, misinformation or another form of negligence.
Did you suffer damages that were caused by the breach of duty?
You will also need to prove that the breach of duty caused the damages that you suffered in order to be successful in your claim. In other words, you need to be able to show a direct cause-effect relationship between the provider’s action (or inaction) and your injuries.
It is important that you understand how medical malpractice claims work before taking action to get justice.