There Are Four Basic Requirements for a Claim
A Doctor-Patient Relationship
To prove a medical malpractice case, you must first prove that you had a physician-patient relationship with the doctor. Usually, this simply means demonstrating that you hired the doctor to treat you.
Being dissatisfied with your results is rarely grounds for a lawsuit. You will also need evidence that the doctor did not provide the proper level of care required under the circumstances.
A Specific Injury
Next, you must link a specific injury to the doctor's carelessness or incompetence. Since many patients are already sick or injured when they visit the doctor, this connection is often difficult to prove without an attorney.
The final step in determining whether you have a case for medical malpractice is identifying whether you suffered harm as a result of your injury. Common types of damages include physical pain, emotional suffering, medical expenses, and lost wages.