Many children grow up with a fear of visiting the hospital. Their parents tell them the fear is irrational. The nurses tell them it will only hurt “a little bit.” The truth is that sometimes it can hurt a whole lot more than you expect.
Medical treatment has come a long way. Doctors can perform surgery that was impossible before. They can perform routine procedures with far less trauma to their patients. Yet, as with any medical procedure, you rely on human beings. Humans get things wrong regularly. John Hopkins University estimates medical errors kill a quarter of a million people every year.
What do you need to prove a medical malpractice claim?
To prove a medical malpractice claim against a hospital or one of their workers, you need to show several things that took place:
- They had a duty toward you: If you enter the hospital as a patient, that duty is evident. If bringing a case against a particular hospital employee, you need to show why they had a duty toward you.
- They breached their duty: Medics have a duty of care toward patients. Neglecting you or acting in a way that would not be normal for the situation are typical breaches.
- Their breach of duty caused you harm: The defense team might try to blame what happened to you on something else. You need to show how the breach of duty caused the harm you suffered.
You have a limited amount of time to bring a medical malpractice claim. If you are unsure whether you have a case, seek legal advice. It is better to act early than to put it off and lose the opportunity to claim for the harm you suffered.