When your surgery didn't turn out the way you'd hoped, some of your friends or family members may have suggested that you file a medical malpractice claim. You may have been hesitant to do so, with good reason. There are numerous factors you must be able to prove to the court in order to successfully litigate a medical malpractice claim. Before filing such a claim, you'll want to make sure you have the necessary grounds to do so.
Just because a nurse, doctor, surgeon or other medical professional makes a mistake, this doesn't necessarily mean someone has committed medical malpractice. On the other hand, not only direct medical team members but hospital officials and other administrators may be potentially liable for your injuries in certain situations. It is a complex area of law, which is why most medical injury victims seek outside support before heading to court.
You must prove these things
As a plaintiff in a medical malpractice case, you must present enough evidence to convince the court that it should hold another party or parties legally accountable for your physical, mental, emotional or economic condition. The following list shows the type of evidence you must be able to show:
- You must first prove to the court that you indeed suffered some type of injury.
- Insofar as the defendant or defendants named in your claim, you must prove that each or all possessed a duty of care toward you at the time your injury took place.
- It is not enough to prove a fiduciary duty, however; you must also show that the person or people you have named as defendants failed to carry out the pre-existing duty of care.
- Finally, the judge overseeing your case will be looking for causation, meaning proof that a breach of fiduciary duty directly caused your injury. If the defendant/defendants would have acted according to accepted safety standards, would your injury still have occurred?
Sadly, many in Arizona have lost their lives when medical professionals provided substandard care to the patients who had entrusted their health to them. If you've survived a medical injury, you may be dealing with physical repercussions that last a lifetime or struggling through a recovery that causes you to take an extended leave of absence from your job, possibly placing your employment at risk. There is no reason you should have to carry the full financial burden associated with an incident that was not only preventable but caused you injury.