Before you can take your case to court, you must be sure it meets the legal requirements for medical malpractice.
The American Board of Professional Liability Attorneys explains your case must have three specific criteria to be a valid medical malpractice claim.
Injury
You will have to prove you suffered some type of injury due to the negligence of a healthcare provider. It should be a significant injury caused directly by the actions of the professional that should not have happened. It cannot be just an outcome you are not happy with.
Damages
Due to the injury, you must suffer a loss. This also must be significant. Having to take two days off work may not be enough. You need to show the injury had a profound effect on you that caused hardship.
Standard of care
Finally, to prove your case, you must show the actions of the healthcare professional did not follow the standard of care. The standard of care is the typical decision and action the average professional would take in the same situation. It is routine practice, such as taking your temperature when you go into the doctor feeling sick or doing an x-ray if there is a suspicion you broke a bone.
It is important to understand your case must meet all three of these criteria. If you cannot prove each point, then you probably will not be able to win your case in court. It is essential to have evidence to back up each point as well. Requiring cases to meet these specific criteria helps to prevent baseless claims from clogging up the courtroom.