Medical malpractice claims are some of the hardest cases to win. That’s because lawmakers don’t want a situation where medical staff is too scared to practice.
The basis of a strong claim against will be the 4 Ds. You need to examine your case and see how strong it is in light of all four aspects. Failing to prove even one will likely see a court dismiss your claim.
1. Duty of care
Are you trying to sue the right person? You may have come into contact with many medical professionals and visited several different hospitals or surgeries. You need to select who is to blame.
2. Dereliction (or deviation)
Did the doctor do something drastically different from what was expected of them? A junior doctor who acted to save someone’s life on a remote hillside won’t be expected to perform to the same level as an experienced surgeon at work in a fully equipped operating theater.
What damages have you suffered? You’ll need comprehensive medical reports to back your claims of injury up. That may require second and third opinions from doctors who are specialists in a particular field.
4. Direct link
Again the medical reports you submit will play a key role in determining whether you meet these criteria. Getting ill or injured after a doctor treated you does not amount to a malpractice claim. You need to show whatever they did or did not do directly led to the injuries or illness you suffered.
If you have considered these four Ds and still feel you have a valid claim, your next step should be to seek legal guidance. Someone with experience in these cases can evaluate your chances and, if viable, proceed to build a medical malpractice claim.