How do you prove medical malpractice?


© Mihai Simonia

The term medical malpractice refers to a hospital, health care provider or physician that, through omission or a negligent act causes an injury to a patient. This injury may be the result of errors in diagnosis, in treatment or in aftercare management. It falls on the patient to prove that the negligence caused their injury.

How Do You Prove There Was Malpractice?

If you are planning to sue your doctor or the hospital where you received care, you must know that medical malpractice lawsuits are difficult to prove and to win. In the majority of malpractice lawsuits, it is the doctor who wins the case.

Why Is It So Difficult To Win A Malpractice Suit?

There are several challenges when bringing a malpractice suit, among them:

  • Establishing a conclusive case to prove that negligence existed
  • Convincing the jury
  • Finding a qualified attorney

What Do You Need To Establish When Bringing A Malpractice Suit?

The first and easiest step when preparing for a malpractice suit is to prove that there is a relationship between you and your doctor. That is generally not a problem since it is easy to confirm your appointments and the length of time you have been under this provider’s care. Other points to include are:

Proving That The Care You Received Was Negligent

To establish this, you will need to prove that the doctor did not take care of you in ways that meet standard medical care. That is, care like you would have received by any other competent and skilled provider with a similar background. You may need to call in an expert witness to testify as to what a competent and skilled physician would have done in the same situation.

Proving That Your Injury Happened Due To This Negligence

You must prove that your condition worsened or that you suffered additional medical issues as a result of this doctor’s actions. Expert witnesses may also be helpful to prove this point.

Show Proof Of The Damages Or Injuries

This point includes providing the court with the documents that show the amount of wages you lost, and any other medical treatments or procedures that were required as a result of the injury. As the victim, you may also be entitled to receiving compensation for the pain and suffering caused by this malpractice.

Prove All Elements

All points explained above need to be more likely true than not for the suit to be decided in your favor. That is why you need the help and guidance of an experienced medical malpractice lawyer, to make sure things go the way you expect them to turn out.

If you are not sure whether your specific situation qualifies as medical malpractice or not, get in touch with an experienced attorney that can clarify whether it was an error or more than that. Some actions that may qualify as malpractice include:

  • Misdiagnosis – When a doctor fails to determine the illness or diagnoses the patient with a non-existent condition
  • Delayed diagnosis – When the fact that a diagnosis is delayed causes the condition to worsen
  • Failure to recommend the proper treatment
  • Performing unnecessary or incorrect procedures or surgeries

If you feel you have a medical malpractice case, contact your personal injury lawyer in Bakersfield today and get a free and confidential consultation to review your case. With no upfront costs, your lawyer would only get paid if you win and they will fight to get you the maximum compensation.

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