If your surgery or medical treatment outcome isn’t what you expected, you may wonder what legal options you have. Sometimes, doctors and other healthcare professionals will be unable to fix the issue or “make it right.”
In some situations, it’s possible for a victim to file a medical malpractice claim. However, before taking legal action, it’s important to ensure the situation qualifies for this claim.
What is medical malpractice?
A medical malpractice case is when a doctor or another medical professional is negligent in some way. Victims of medical malpractice have legal rights, which include receiving monetary compensation for their injuries and damages.
What are the elements of a medical malpractice case?
There are three elements of a medical malpractice case:
- Duty of care: The doctor or healthcare professional owes a duty of care to the patient (victim).
- Breach of duty: Actions or inactions considered under the standard of reasonable care for the situation.
- Damages: Harm must have occurred because of the negligence that resulted in emotional, physical or financial damages.
Knowing when you have grounds for a claim
It’s important to understand that not all situations where an adverse outcome occurred in a medical setting will be grounds for a medical malpractice claim. Preventable accidents and errors that result in an injury can usually justify filing a legal claim if they meet the requirements listed above.
Protecting your legal rights
If you believe you have grounds to file a medical malpractice claim, it’s important to explore your legal options. While monetary compensation may not make up for the pain and suffering and emotional trauma caused by the situation, it can help you cover medical costs and other losses associated with the situation.
