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Taking steps to prove a medical malpractice claim

On Behalf of | Jan 20, 2022 | Medical Malpractice

Delaware patients generally expect their doctors to treat them with professional care and kindness. Unfortunately, even doctors who appear to have excellent bedside manners can still make life-altering mistakes. Unfortunately, proving that a doctor committed medical malpractice can be an uphill battle sometimes.

Was there a doctor-patient relationship?

While it might seem silly, one of the first steps is to demonstrate that there was a doctor-patient relationship. This relationship requires the provider to take on the responsibility of providing proper treatment and care based on the patient’s circumstances. In the absence of this relationship there is no such responsibility, and therefore no malpractice.

Identifying neglect and proof of harm

Doctors who deviate from the standard of care can cause irreparable harm. However, it is often up to the victims themselves to prove that doctors were negligent when treating them. Although victims are not health care professionals, they can often easily identify when doctors overlooked their symptoms or ignored important test results. Demonstrating that actual harm occurred as a result of this negligence is also important, and may include things like:

  • Physical injuries
  • Emotional distress
  • Extra medical bills

No one expects to go to the hospital and leave in worse condition than they went in. Sadly, this sometimes happens as the result of medical malpractice. Victims of medical malpractice in Delaware who are unsure of what steps to take next would be well advised to thoroughly explore all of their legal options, including pursuing compensation via a medical malpractice lawsuit.