When a medical procedure goes wrong, you know it. You feel it in the unexpected pain, the prolonged recovery, or the diagnosis that came too late. But turning that gut feeling into a successful legal claim is another story entirely. The law requires more than just a bad outcome; it demands concrete proof. This guide is designed to walk you through the essential steps of how to prove medical malpractice, breaking down the four key elements you must establish to build a strong case. We'll look at the specific evidence you need and the common challenges you can expect, giving you a clear framework for the road ahead.
Key Takeaways
- A successful claim requires proving four key elements: You must demonstrate that a doctor-patient relationship existed, the provider was negligent, this negligence directly caused your injury, and you suffered specific damages as a result.
- Your case is built on solid evidence: This includes your complete medical records to establish facts, testimony from a medical expert to prove negligence, and personal documentation like journals and financial records to show the full extent of your damages.
- The legal process is challenging and has strict deadlines: Medical malpractice cases are often long and emotionally taxing. Because Florida has unforgiving time limits for filing, partnering with an attorney is essential to build your case and protect your right to compensation.
The 4 Elements of a Medical Malpractice Claim
When you're dealing with the aftermath of a medical error, it's easy to feel overwhelmed and unsure of what to do next. If you're considering legal action, it's important to know that a medical malpractice claim isn't as simple as stating that a doctor made a mistake and you were harmed. The law requires you to prove four specific things, often called the "elements" of the claim. I like to think of them as four pillars that must all be standing strong for your case to succeed. If you can’t prove even one of them, your entire claim could fall apart.
Understanding these elements from the beginning helps you see your situation through a legal lens and start gathering the right information. It gives you a clear framework for what you and your attorney will need to demonstrate. These four elements are the foundation of every personal injury case that stems from medical negligence, and they apply whether the error happened in a hospital, a clinic, or a private practice. Let's walk through what each one means for you and your potential case, so you can feel more prepared for the road ahead.
A Doctor-Patient Relationship Existed
First, you have to show that you had an official doctor-patient relationship with the healthcare provider you’re filing a claim against. This relationship begins the moment a provider agrees to diagnose or treat you and you accept their care. This is what legally establishes their "duty of care," or their professional responsibility to treat you competently. Proving this is usually straightforward. Evidence like appointment confirmations, medical bills, and treatment records clearly shows that you sought care from the provider and they agreed to give it. This element confirms that the provider had a legal obligation to act in your best interest.
The Provider Was Negligent
Next, you must prove the healthcare provider was negligent. This is the most critical and often the most difficult part of a claim. Negligence means the provider failed to meet the accepted "standard of care." This standard is what a reasonably skilled and careful provider in the same specialty would have done in a similar situation. It’s not enough that you had a bad outcome; you have to show that the provider made a significant error, whether by acting improperly or by failing to take necessary action. Proving this almost always requires testimony from another medical expert who can explain what the standard of care was and how your provider violated it.
The Negligence Caused Your Injury
It isn't enough to show that a provider was negligent. You also have to draw a direct line from their negligence to the injury you suffered. This is called causation. You must prove that "but for" the provider's mistake, you would not have been harmed. For example, if a surgeon was negligent during a procedure but your injury was actually caused by an unrelated, underlying condition that would have occurred anyway, your claim won't succeed. This connection must be clear and direct. Your legal team will work with medical experts to establish that the provider's specific action or inaction was the direct cause of your new or worsened condition.
The Injury Resulted in Damages
Finally, you must demonstrate that the injury caused by the negligence resulted in specific harm, or "damages." These damages are the losses for which you can seek compensation. They fall into two main categories. The first is economic damages, which are measurable financial losses like medical bills for corrective procedures, lost wages from being unable to work, and the cost of future medical care. The second is non-economic damages, which cover non-financial losses like physical pain, emotional distress, and loss of enjoyment of life. Documenting all of these losses with receipts, pay stubs, and personal journals is essential to proving the full extent of your harm.
How Do You Prove a Doctor-Patient Relationship?
Before you can prove that a medical professional was negligent, you first have to prove that you were actually their patient. This might sound obvious, but it’s the first legal building block of any medical malpractice case. Establishing this relationship is what creates the doctor’s official “duty of care,” which is a legal responsibility to provide you with competent treatment. Without this formal relationship, there is no legal duty, and therefore, no basis for a malpractice claim. Think of it as the foundation of your case; everything else is built upon it. Proving this connection is usually straightforward, but it’s a critical step you can’t skip.
What Qualifies as a Doctor-Patient Relationship?
A doctor-patient relationship is formed when you seek medical help from a healthcare provider and they agree to treat you. This agreement doesn’t need to be a signed contract. It’s often implied the moment a doctor begins to examine you, orders tests, or provides a diagnosis and treatment plan. This interaction is what establishes their legal obligation to provide care that meets accepted medical standards. It’s important to note that not every interaction with a doctor counts. For example, getting casual advice from a physician at a social gathering or reading their online blog does not create a formal doctor-patient relationship. The key is that you specifically sought their professional services and they agreed to provide them.
Documents That Can Prove the Relationship
Proving the doctor-patient relationship typically comes down to paperwork. Your medical records are the most powerful evidence, as they create a clear timeline of your treatment and show the provider took responsibility for your care. When building a medical malpractice claim, we look for specific documents to officially establish this connection. These can include appointment confirmation emails, new patient intake forms, signed consent forms, billing statements from the provider’s office, and records of payment or insurance claims. Essentially, any document that shows a formal agreement for treatment can serve as proof. Gathering all this evidence is a crucial first step, and our team at Kushner & Kushner can help you collect every necessary piece of documentation.
What Is the Medical Standard of Care?
When you seek medical help, you trust that your provider will act with a certain level of competence. This baseline expectation is known as the "standard of care," and it’s a central piece of any medical malpractice claim. Proving that a provider failed to meet this standard is how you establish negligence. It’s not about demanding perfection; it’s about ensuring accountability when a professional’s actions, or lack thereof, fall below the accepted norm for their field. This standard acts as a measuring stick for a provider's performance.
Understanding this concept is the first step in figuring out if you have a valid case. It involves looking at what a reasonable provider would have done, considering the specific circumstances of your treatment, and identifying who might be responsible for the harm you suffered. Because this can be a complex area of law, working with a skilled attorney is essential. A personal injury lawyer can help you gather the right evidence and connect with medical experts to evaluate whether the care you received met the required professional standard. Below, we'll break down how the standard is defined, why location matters, and who can be held responsible.
How Is the Standard of Care Defined?
The standard of care is essentially the level of skill and attention that a reasonably careful and qualified medical professional would provide in a similar situation. Think of it as the professional benchmark for competence. To determine this standard in a legal case, we often rely on the testimony of expert witnesses. These are other doctors or specialists in the same field who can explain what a competent provider should have done. Their insight helps a judge or jury understand the accepted medical practices without needing a medical degree themselves. This standard is about reasonable competence, not about achieving a perfect outcome every time.
Why the "Locality Rule" Matters
The standard of care isn't always a one-size-fits-all rule. Florida law often considers the "locality rule," which means a provider's actions are compared to those of a reasonably prudent provider in the same or a similar community. This acknowledges that a small, rural clinic may not have the same resources or technology as a large, urban medical center. It’s crucial to remember that a poor outcome alone does not prove malpractice. Medicine carries inherent risks, and sometimes complications occur even when a doctor does everything correctly. The focus is on whether the provider’s conduct was reasonable given the circumstances, not just on the final result.
Who Else Can Be Held Liable?
While we often think of doctors when we hear "malpractice," they are not the only ones who can be held responsible. A patient's care involves a whole team of professionals and institutions, and any of them can be held liable if their negligence causes harm. This can include nurses, anesthesiologists, surgeons, pharmacists, and technicians. Even the hospital or clinic itself can be found at fault for issues like inadequate staffing, faulty equipment, or a failure to follow proper safety protocols. Identifying every party who contributed to your injury is a key part of building a strong medical malpractice case and ensuring you can pursue the full compensation you deserve.
What Is Considered Negligence in a Medical Malpractice Case?
At its core, medical negligence happens when a healthcare provider fails to provide the accepted standard of care, and that failure results in harm to a patient. It’s not just about a medical outcome being less than ideal. Instead, it’s about a provider making a mistake or skipping a necessary step that a reasonably skilled and careful peer would not have under the same circumstances. This is the legal line between an unfortunate result and actual malpractice.
Proving this breach of duty is a critical part of any medical malpractice claim. It requires a detailed look at what happened during your diagnosis, treatment, surgery, or aftercare. We have to ask: Did the doctor act in a way that another competent doctor in their field would have? Did the hospital have protocols in place that were ignored? Understanding the different forms negligence can take will help you see if your experience might qualify. It’s about distinguishing between a known risk of a procedure and a preventable error that should never have happened. The law recognizes that medicine isn't perfect, but it also holds professionals accountable for providing competent care.
Common Examples of Medical Negligence
Medical negligence can occur at any stage of your care. It’s not always a dramatic, operating-room mistake. Sometimes, it’s a seemingly small oversight with devastating consequences. Common examples include misdiagnosing a condition like cancer or a heart attack, or failing to diagnose it in a timely manner. It can also involve surgical errors, such as operating on the wrong body part or leaving a surgical instrument inside a patient.
Other forms of negligence include prescribing the wrong medication or the incorrect dosage, which can lead to serious adverse reactions or render treatment ineffective. Birth injuries to a mother or child caused by a failure to respond to fetal distress are another tragic example. These are not just unfortunate outcomes; they are often the result of a provider deviating from the established standard of care.
Mistakes Made vs. Necessary Steps Skipped
It’s important to understand that a bad result doesn't automatically mean malpractice occurred. Medicine is not always exact, and some procedures have inherent risks. The key difference lies in whether the provider’s action, or inaction, was a breach of the standard of care. Negligence can be a mistake made, like misreading a lab result, or a necessary step skipped, like failing to order a critical diagnostic test.
For instance, if a doctor chooses one accepted method of treatment over another and it doesn't work, that isn't necessarily negligence. However, if the doctor performs that treatment incorrectly or fails to monitor your progress afterward, that could be a breach of their duty. The focus is on whether the provider acted as a reasonably competent professional would have in that situation.
How Does Informed Consent Affect a Claim?
Before most procedures, you’ll be asked to sign an informed consent form. This document confirms your doctor has explained the potential risks, benefits, and alternatives. However, signing this form does not give a doctor a free pass to be negligent. Your consent applies to the known and disclosed risks of a procedure, not to preventable errors.
For example, you might consent to a surgery knowing that infection is a possible risk. But if you get an infection because a surgeon used non-sterile instruments, that is negligence, and your consent form doesn't protect the provider from liability. You agreed to the risks of the procedure when performed correctly, not the risks of a doctor failing to meet the basic standard of care.
How Do Pre-Existing Conditions Affect Your Claim?
It’s common for a defense team to argue that a patient’s injury was caused by a pre-existing condition, not the doctor’s actions. While this can complicate a case, it doesn’t automatically disqualify your claim. The central question is whether the provider's negligence aggravated your condition or caused a new, distinct injury. For example, if a doctor’s failure to diagnose an illness allows it to progress and become untreatable, they may be held liable for that worsened outcome.
Sometimes an injury doesn't show up right away, making it more challenging to connect the harm directly to the medical treatment. This complexity is one of the main reasons why a personal injury claim requires careful documentation and expert analysis to build a strong case.
Proving Causation: Linking the Negligence to Your Injury
Showing that a healthcare provider was negligent is only half the battle. The next, and equally important, step is proving that their specific mistake is what actually caused your injury. This connection, known as causation, is the critical link that turns a simple error into a valid medical malpractice claim. Without it, you don't have a case.
Think of it like a chain of events. You have to demonstrate that the provider’s action (or inaction) was the specific domino that set everything in motion, leading directly to the harm you suffered. This can be one of the most challenging parts of a personal injury case, because defense attorneys will often try to argue that your injury was caused by something else entirely, like an underlying condition or a separate event.
To build a strong case, your legal team will focus on drawing a clear, undeniable line from the negligence to your damages. This involves applying specific legal tests, accounting for any delays between the treatment and the injury, and preparing for arguments that you might have been partially at fault. Understanding how this works will help you see why gathering detailed evidence is so crucial.
Understanding the "But For" Test
To establish causation, the legal system often uses a straightforward principle called the "but for" test. The question is simple: "Would my injury have occurred but for the healthcare provider's negligent action?" If the answer is no, then you have a strong argument for causation. It’s the legal standard for showing that the provider's mistake was the direct cause of your harm.
To successfully prove medical malpractice using this test, you can't just state that the doctor made a mistake. You have to show that because of that mistake, you were injured. This is where evidence like your medical records, timelines of your treatment, and testimony from medical experts become essential. These pieces help build a logical and compelling narrative that connects the provider’s negligence directly to the negative outcome you experienced.
How Delayed Injuries Complicate Causation
Sometimes, an injury doesn't show up right away, which can make it much harder to connect it directly to the medical treatment you received. A significant gap in time between the provider’s mistake and when your symptoms appear can create doubt. The defense may argue that another event or condition in the intervening period is the true cause of your injury.
For example, if complications from a surgical error don't become apparent for months, the other side might point to your lifestyle or a separate medical issue as the culprit. This is why keeping a detailed journal of your symptoms and seeking follow-up medical care is so important. It creates a record that can help an expert witness trace the injury back to the original negligent act, even if there was a delay.
How Comparative Negligence Can Affect Your Claim
When building your case, it's also important to understand how your own actions might be scrutinized. In Florida, a rule known as comparative negligence is used. This means if you are found to be partially at fault for your own injury, your final compensation award can be reduced by your percentage of fault. For instance, if a jury decides you were 10% responsible for the injury, your compensation would be reduced by 10%.
The defense might argue that you contributed to your injury by not following a doctor’s orders or by failing to disclose your full medical history. This is why it's so vital to prove that the doctor's mistake was the direct and primary cause of your injury. A strong causation argument helps minimize any claims of shared fault and protects your right to full and fair compensation.
What Evidence Do You Need for a Medical Malpractice Claim?
Building a medical malpractice case is like putting together a puzzle. You need all the right pieces to create a clear picture of what happened. Simply feeling that a doctor made a mistake isn't enough; you have to prove it with solid evidence. This evidence works together to show that a healthcare provider was negligent and that their negligence directly caused you harm. Let's walk through the key types of proof you'll need to gather.
Your Medical Records
Think of your medical records as the foundation of your entire claim. These documents provide a detailed, official timeline of your medical history and the care you received from the provider in question. This includes everything from doctor’s notes and lab results to prescription histories and hospital charts. These records are crucial for establishing the facts of your case and showing exactly what treatments were administered. An attorney can help you request and obtain a complete set of your records, which is the essential first step to strengthen your personal injury claim and begin a thorough investigation.
Testimony from Expert Witnesses
In a medical malpractice case, your word against a doctor's isn't enough. You need a qualified medical expert to support your claim. This expert, typically a professional in the same field as the provider you are suing, will review your medical records and the details of your case. Their job is to explain the accepted medical standard of care for your situation and provide a professional opinion on how your provider failed to meet that standard. Finding a credible and persuasive expert witness is one of the most critical parts of a malpractice lawsuit, and it’s a task your legal team will handle for you.
Personal Journals and Statements from Witnesses
While medical records show the clinical side of your injury, your personal story shows the human impact. Keeping a daily journal is a powerful way to document your experience. Write down your pain levels, emotional state, challenges with daily tasks, and any other ways the injury affects your life. Additionally, statements from family, friends, or coworkers who have seen the effects of your injury firsthand can be very compelling. This personal evidence helps illustrate the full extent of your suffering and losses, which is a key component of demonstrating your damages.
Photos, Videos, and Financial Records
Visual evidence can be incredibly effective. Taking photos or videos of your injury over time helps create a clear visual record of the physical harm you’ve endured and the long road to recovery. Just as important is keeping track of the financial toll. Make sure to keep all receipts for medical bills, prescription costs, physical therapy, travel for appointments, and any other related expenses. You should also document any lost income from being unable to work. This financial paperwork is essential for calculating the compensation you need to cover the costs of the provider's negligence.
Common Myths About Medical Malpractice Claims
When you're dealing with the aftermath of a medical procedure that went wrong, it's easy to get swept up in what you've seen on TV or heard from friends. The truth is, medical malpractice law is complex, and a lot of common beliefs just aren't accurate. Understanding these myths from the start can help you set realistic expectations and make more informed decisions about your next steps. Let's walk through some of the biggest misconceptions together.
A Bad Outcome Always Means Malpractice
It’s completely understandable to feel that if your treatment didn't work, or if you ended up worse off, your doctor must have done something wrong. However, a disappointing result isn't automatically malpractice. Medicine can be unpredictable, and sometimes, even with the best care, a patient doesn't get better. The key distinction is whether your doctor followed the accepted standard of care. If they provided the same level of care that another competent doctor would have in the same situation, it likely isn't negligence, even if the outcome was not what you hoped for. Proving malpractice means showing a direct link between a provider's mistake and your injury.
Malpractice Cases Are Resolved Quickly
We've all seen courtroom dramas where a case is wrapped up in a single episode. In reality, medical malpractice claims are a marathon, not a sprint. These cases are incredibly complex and require a deep investigation into medical records, procedures, and expert opinions. It's not uncommon for a case to take several years to resolve, from the initial investigation to a potential settlement or trial. This lengthy process is necessary to build a strong, evidence-based claim and ensure every detail is properly addressed. Patience is a crucial part of the process, and having a legal team to manage the timeline is essential.
Compensation Is a Guarantee
Another common belief is that if you can prove a doctor was negligent, a large financial payout is guaranteed. While securing compensation for your suffering is the ultimate goal, it's never a sure thing. First, you have to successfully prove all four elements of malpractice. Even then, the amount of compensation isn't based on a formula. It's calculated based on your specific damages, including medical bills, lost income, and pain and suffering. Every case is unique, and the final amount can vary widely. An experienced personal injury attorney can help you accurately calculate your damages and fight for the full amount you deserve.
What Are the Biggest Challenges When Proving Medical Malpractice?
Winning a medical malpractice case involves more than just showing you had a bad health outcome. These claims are known for being legally complex and demanding. Understanding the major hurdles from the start can help you prepare for the road ahead and see why having an experienced legal team on your side is so important.
The Burden of Proof Is on You
In a medical malpractice lawsuit, the responsibility is on you, the patient, to prove your case. It isn't enough to feel that your doctor made a mistake; you have to provide clear evidence for every part of your claim. To successfully prove medical malpractice, you must demonstrate that a doctor-patient relationship existed, the provider was negligent by breaching the standard of care, this negligence directly caused your injury, and the injury resulted in specific damages. Meeting this high standard of proof requires a detailed and well-supported legal strategy, as failing to prove even one of these elements can cause the entire case to fail.
Finding a Credible Expert Witness
You cannot win a medical malpractice case without the testimony of a medical expert. These are not just any doctors; you will need qualified medical experts who can explain to a judge and jury what the appropriate standard of care was in your situation. They must then show exactly how your provider failed to meet that standard and connect that failure directly to the harm you suffered. Finding a respected professional who is willing to testify against a peer can be a significant challenge. Your attorney will be essential in locating and preparing a credible expert whose testimony can form the backbone of your case.
Florida's Strict Deadlines (Statute of Limitations)
One of the most critical challenges is time. Florida has strict time limits, known as the statute of limitations, for filing a medical malpractice claim. Generally, you must file a lawsuit within two years of the date the malpractice occurred or within two years of when you reasonably should have discovered the injury. However, with few exceptions, you cannot file more than four years after the incident, even if you didn't know about the injury. These deadlines are unforgiving. If you miss the window, you lose your right to seek compensation forever, which is why it's vital to discuss your personal injury case with an attorney as soon as possible.
The Emotional and Financial Toll of a Lawsuit
Beyond the legal complexities, medical malpractice lawsuits take a heavy emotional and financial toll. You are likely already dealing with the physical pain and stress of an injury, and a lawsuit adds another layer of pressure. These cases can be lengthy and demanding, requiring you to recount a traumatic experience multiple times. Financially, the costs can be substantial. Hiring top medical experts, gathering records, and covering court fees can add up quickly. At Kushner & Kushner, we handle these cases on a contingency fee basis, meaning you don’t pay unless we win, which helps ease the financial burden while you focus on your recovery.
How a Medical Malpractice Attorney Strengthens Your Case
Proving medical malpractice is a complex process, and you don't have to go through it alone. While you focus on your recovery, a dedicated attorney can handle the legal heavy lifting. Having an experienced professional on your side does more than just level the playing field against hospitals and insurance companies; it provides the resources, knowledge, and advocacy needed to build the strongest possible case. A personal injury lawyer manages every detail, from the initial investigation to the final resolution, ensuring your rights are protected at every turn. They work to show how the provider’s actions led to your current situation and fight for the compensation you need to move forward.
Gathering and Organizing Evidence
One of the first things a medical malpractice attorney does is help you collect and organize the evidence needed to support your claim. To build a successful case, you must prove four key elements: a doctor-patient relationship, negligence, causation, and damages. An attorney knows exactly what documentation is required for each part. They will work to obtain your complete medical records, bills, and proof of lost income, like pay stubs. They will also help prepare you to give testimony and gather statements from family and friends who can speak to how the injury has affected your life. This process can be overwhelming, but your lawyer will manage it for you.
Finding and Preparing Medical Experts
Expert testimony is often the cornerstone of a medical malpractice case. You need a qualified medical professional to explain the accepted standard of care for your situation, show how your provider deviated from it, and connect that failure directly to your injury. But where do you find such an expert? An experienced attorney will have a network of credible medical experts they can call upon. Your lawyer will find the right specialist for your case and work with them to prepare a clear, compelling testimony that explains the complex medical details to a judge and jury in an easy-to-understand way.
Deciding Between a Settlement and a Trial
Many people worry that filing a lawsuit means they are destined for a long, stressful trial. However, the reality is that most medical malpractice cases are resolved before they ever reach a courtroom. A skilled attorney will evaluate the strength of your case and advise you on the best path forward. They will handle all negotiations with the opposing side, aiming to secure a fair settlement that covers your losses without the need for a trial. If a settlement isn't possible or doesn't fully compensate you, your attorney will be fully prepared to represent you in court and fight for a favorable verdict.
Fighting for Your Right to Full Compensation
The financial impact of a medical injury can be devastating. Your attorney’s job is to calculate the total extent of your losses and fight for your right to full compensation. This goes far beyond just your immediate medical bills. A comprehensive claim may include money for future medical treatments, lost income and earning potential, and physical therapy. It also accounts for non-economic damages, such as pain and suffering, emotional distress, disability, and loss of enjoyment of life. An attorney ensures that no potential damage is overlooked, fighting to secure a financial outcome that truly reflects what you have endured.
Frequently Asked Questions
What if I can't afford to hire a lawyer for my case?
This is one of the most common concerns we hear, and it’s completely understandable. Most reputable personal injury firms, including ours, handle medical malpractice cases on a contingency fee basis. This means you do not pay any attorney's fees upfront. We cover the costs of investigating your claim and hiring experts. We only get paid if we successfully recover compensation for you through a settlement or a court verdict. If we don't win your case, you owe us nothing. This approach allows you to pursue justice without worrying about the financial risk.
My injury happened over a year ago. Is it too late to do anything?
Time is a critical factor in these cases. Florida has a strict deadline, called the statute of limitations, which is generally two years from the date you knew, or should have known, that the injury occurred due to malpractice. However, figuring out when that two-year clock officially started can be complicated. Because the deadline is so unforgiving, it is vital to speak with an attorney as soon as you suspect something went wrong. We can help you determine your specific deadline and take the necessary steps to protect your right to file a claim.
Do I have to go to court if I file a lawsuit?
Many people imagine a stressful courtroom battle when they think of a lawsuit, but that isn't the reality for most cases. The vast majority of medical malpractice claims are resolved through a negotiated settlement before ever reaching a trial. Our primary goal is to build such a strong and well-documented case that the opposing side’s insurance company agrees to a fair settlement. While we always prepare every case as if it will go to trial, we work hard to resolve it efficiently so you can focus on your life.
What if the doctor says the injury was my fault or from a pre-existing condition?
It is a very common defense strategy for hospitals and their lawyers to try to shift blame. They may argue that your injury was caused by a condition you already had or that you made it worse by not following instructions. This does not automatically ruin your claim. Our job is to prove that the provider's negligence was a direct cause of your new injury or a significant worsening of your old one. We work with medical experts to draw a clear line from the provider's mistake to the harm you suffered, countering these arguments with strong evidence.
I'm not sure if my situation counts as malpractice. What should I do first?
If you have a gut feeling that something went wrong with your medical care, it's worth looking into. The first step is to write down everything you can remember about your treatment, your symptoms, and how the injury has impacted your daily life. Then, gather any related documents you have, like bills or appointment reminders. The best next step is to schedule a free consultation with an experienced attorney. We can listen to your story, review the details, and give you an honest assessment of whether you have a valid claim, all with no obligation.
