If you believe that your doctor did something wrong with your treatment, you may have a medical malpractice case. The law is rather specific about what you must prove to win your case.
Medical malpractice is not just being upset with your doctor or being unhappy with the outcome of your treatment. There are specific things you must prove and you have the burden of proof in this situation to show your case is valid.
Standard of care lacking
One item you have to prove is that the doctor did not follow the standard of care or otherwise deviated from it for no good reason. You need to show that the average doctor would have handled your situation in a specific way. Your doctor needs to have deviated from the standard protocols that are accepted within the medical field for treating your condition.
Damage you suffer
You also need to show that you suffered harm because of the actions of the doctor. You cannot bring a medical malpractice case if you did not have any damages. If you were upset or unhappy, this is not enough to prove damages. You need to have had noticeable problems because of the actions of the doctor.
Direct link between damages and care
Lastly, you will need to show that there is a direct link between the doctor’s actions and your injuries. You have to show that because the doctor acted in a specific way, it led to the problems you suffered.
Being able to prove these three points is essential to winning your case. If you fail to show any of them, then your chances of winning are low.