What are the three requirements for a medical malpractice case?

| Jun 28, 2021 | Uncategorized |

Medical malpractice is a serious charge to make. It essentially says the medical provider did not treat you properly or did something to cause you severe harm. It is not a way to express dissatisfaction with a provider.

The American Board of Professional Liability Attorneys explains to prevent misuse of malpractice claims, there are three requirements every case must meet.

Significant damages

You must prove you had a significant loss or suffering due to the actions of the provider. If a doctor made a mistake but quickly discovered it and you had no negative consequences of that action, then you would not have a case.

Injury

You must prove the provider caused you an injury through his or her negligent actions. Keep in mind that not being happy with the results of the care you receive is not enough for a claim. You must show you were hurt or otherwise suffered due to the actions.

Standard of care violation

All medical providers must adhere to a certain standard of care. Medical standards are something every provider must know and understand. They guide care and offer providers a plan of action to take that matches scientific reasoning. For example, if a doctor suspects you broke your arm, the standard of care would suggest he or she get an x-ray to confirm the diagnosis.

If your provider does not meet the standard of care, then you may have a malpractice claim.

Your case must meet all three requirements. If it only meets one or two, then you probably do not have a valid claim.