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Which four factors justify a medical malpractice claim

Not everyone who gets medical treatment emerges content. If you are particularly unhappy, you might consider filing a medical malpractice claim lawsuit.

It is not that simple, though. You will not stand a chance of success unless all of the following four factors are present:

1. You suffered harm

You might not like the result. You might have hoped for a more drastic improvement, but you do not have a claim if no harm was done. If, for example, an operation failed to make any difference, you could not claim as while you might be upset, your body is no worse off than before.

2. You suffered harm as a result of the actions of medical staff

If you suffer an infection after being released from the hospital, you might believe you picked the infection up in the hospital. They might argue you picked it up elsewhere. You need to prove your injury or illness is a direct result of something they did or failed to do.

3. They had a duty of care toward you

You need to show you were a patient of the person or facility you are claiming against. That is usually straightforward.

4. They deviated from normal behavior for the situation

Let’s say you were caught in a forest fire, and a doctor treated you at the scene as the fire closed in around you. A court would expect less of them than if they were treating someone for burns in a state-of-the-art medical facility.

It comes down to did the doctor do what others with similar experiences and training would do in the same situation. If they deviated from the norm, you might be able to claim.

If you believe you might have a medical malpractice claim seek legal help to find out more.