How to Determine If You Have a Valid Case

Hospital HallMany individuals are victim to medical malpractice or birth injuries, but they never do anything about it because they are not sure of what to do it or how to do it. They simply don’t know that they have legal options and they may have a case against the negligent party. Before you dismiss the possibility of a claim, be sure to do your research to determine if you have a valid case and can take legal action to seek compensation.

Is There a Duty of Care Owed to the Patient?

Before you can file a case, the initial thing to determine is that the doctor owed the patient a duty of care. This is a way of describing the doctor-patient relationship. If the doctor did have a duty of care for the patient, then the next question must be considered.

Was the Duty of Care Breached By the Doctor?

A breach of duty of care means that the doctor did not provide the patient with the standard of attention and medical care that was expected of them. This means that the duty of care was breached and the doctor did something to warrant a potential malpractice case.

Did this Cause Damage to the Patient?

In order to move forward in a medical malpractice or birth injury case, it must be shown that the breach of duty of care was a cause of the damage sustained by the patient. This can be shown by proving the healthcare professional’s conduct was negligent or that the inaction was the cause of the serious injury.

Were the Damages a Direct Result of Causation?

Causation is one of the most important things in a birth injury or medical malpractice case. It is what gives the case merit and shows that the healthcare professional was directly responsible for the damages to the plaintiff.

If your situation applies to the questions above, you may have a case and you should discuss your options with a Houston medical malpractice lawyer. Our team at Hampton & King is dedicated to providing you with the advocacy you need to navigate the complex legal process with confidence. We want to get you the maximum compensation you deserve.

Contact our team today to get started with a free consultation.