Plenty of people have gone away dissatisfied after having medical treatment. Yet only a percentage of them will have been able to file a medical malpractice claim if they wished.
To bring a medical malpractice claim, you will need to show that the following four things were all true.
You suffered significant harm
You cannot just file a claim for something minor or something that will soon heal itself. These cases can only be brought for significant harm. Typically life-changing injuries and the like.
Your harm was a direct result of the defendant’s actions or inactions
You need to link your injuries to what the defendant did or did not do. It needs to be a clear direct link, not just two events that occurred around the same time that could be dismissed as coincidence.
Those actions were outside the scope of what would be expected
Not all doctors operate in the same manner. Each may also vary what they do from one occasion to the next, even though two patients have a similar condition. That is allowed, but what is not allowed is for a doctor to deviate from the group of procedures that the medical profession would consider acceptable for a particular situation.
The defendant had a duty of care toward you
Proving the doctor or hospital had a duty of care toward you is usually relatively simple as both have a duty of care toward their patients. Provided you are suing the correct person or establishment the court should see the duty of care existed.
Medical malpractice claims can be challenging to bring, so it is wise to get legal assistance to build and present your case.