4 Requirements For Filing A Medical Malpractice Claim

If you feel you haven't received the proper amount of medical treatment from a doctor or hospital, you may be able to file a medical malpractice claim. This will work towards helping you receive some of your financial losses, and you may even be able to be compensated for your pain and suffering in some cases. However, it's ideal for you to know the specific requirements if you intend to take legal action against a medical provider.

Existence of a Relationship

In order to first file a claim, you have to show that a medical relationship existed. This could be by providing a copy of a bill from your doctor or hospital that shows you visited this individual for treatment. It will be necessary to prove there was a doctor and patient relationship before you can pursue legal action against this individual.


You will need to prove the doctor was negligent and that this was the cause of your injuries. Were your wrongly diagnosed or were there other things that were incorrectly done by your medical provider?

Below are some of the reasons that a medical malpractice claim is filed:

1.  You were not properly care for or treated by the physician you went to see.

2.  You were prescribed the wrong type of medication for your ailment or injury and this made the problem worse.

3.  You did not provide consent for any of the medical treatment that was given to you on your visit,

The key to having the strongest case possible is by having the proof of your negligence before filing a lawsuit.

Specific Damages

Before you see a lawyer and take legal action against your medical provider, you must be able to prove that your injuries were a direct result of the treatment you received.

Below are ways this can be proven:

1.  If you suffered from physical pain that harmed your well-being or your health.

2.  If you are suffering from mental anguish from the treatment. Dealing with mental anguish due to your injuries may be considered as specific damages and may be paid for when filling a medical malpractice claim.

3.  If you were unable to work. You should be paid for any time you have lost from work, and this should be included in the amount you're asking for in your lawsuit.

Dealing with a medical error can take its toll on your life. It's ideal to work towards getting the compensation you deserve and taking the legal action if you feel that you have a case. Be sure to work with a professional attorney, like those at Davidson Law Center Inc​, to learn the full details of what you must do.