You pay a lot for health insurance and health care, so you have the right to expect excellent service. When your hospital experience does not go as well as you hoped, you might wonder if you can claim.
Being unhappy does not guarantee you have the right to claim for medical malpractice. You can only justify claiming medical malpractice in specific circumstances.
Courts assess medical malpractice claims on 4 factors
The law defines medical malpractice as an event where all four occurred, not just three or two of them:
- You suffered harm: A court will not be interested in you feeling unwell for a few days. They are looking for evidence of an injury or disease that significantly affects your life for a significant amount of time. You will need reports from other doctor’s verifying your condition.
- You suffered harm because of the doctor’s actions: Once you have the evidence of injury, you need to show a clear connection to the doctor you are accusing. What did they do that led to this?
- The doctor should not have acted as they did: Courts are well aware that not all operations or treatments succeed 100% of the time. They need to see that the doctor did something wrong. To prove this, you will need another doctor or medical expert to testify that most doctors would have acted differently in the same situation.
- The doctor had responsibility for you: You need to show there was a client-patient relationship.
If you tick all the boxes, bringing a medical malpractice claim will still be challenging. You will need a lot of evidence, and not just any evidence, but the particular proof a court wants to see. Having experienced help will be essential to your chance of success.