If your medical treatment does not work out as hoped, be it an injury to yourself or a birth injury to your child, you may feel someone is to blame. You may believe that if they had only done something differently, all would be well.
In such a case you might consider filing a medical malpractice claim against the party you believe is responsible for the harm. The following can help you better understand if you have a case:
The 4 D’s
For your case to have any chance of success, you must be able to show that all four of the following things were true:
1. They had a “Duty of care” toward you
Medical staff who treat you generally have an automatic duty of care toward you. However, that does not mean every medical professional in the vicinity when you are treated does.
2. They “Deviated” from the standard duty of care
Doctors are expected to do things in certain ways. These professional norms have developed over the years and can change with time and circumstances. You would need to show that most doctors with similar experience would have done things differently in the circumstances.
3. You suffered “Damages”
What injuries did you or your child suffer? If there is no lasting sign of damage, then you probably do not have a case.
4. Their actions “Directly caused” your injuries
Medical procedures do not always turn out as expected. If you wish to claim you will need to show that the harm you or your child suffered was directly down to the error made, rather than just being bad luck or coincidence.
As you can see, understanding whether you have a valid medical malpractice can be challenging. Hence, it’s best to seek legal guidance to assess your situation and move forward if appropriate.