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How do you prove medical malpractice?

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Medical malpractice is a very unfortunate thing. It happens when a doctor harms a patient by failing to perform his job properly. Whether you or someone you know has been a victim of this ordeal, there is one thing you know for sure: you need to prove the medical malpractice. It isn’t that easy, but if you know the right steps to take, then it is possible.

Back in 2018, Charleston had a variety of medical malpractice cases. The majority of them were the result of a misdiagnosis, while the rest were related to treatment, surgery, anesthesia, monitoring, medication, or obstetrics. If you live in this area, you have to find a good Charleston medical malpractice attorney to help you with your case.

Overall, here is how you can prove medical malpractice.

Determining the relationship

The first thing that you need in order to prove medical malpractice is evidence that there was a doctor-patient or provider-patient relationship. This would instantly give the health care professional the responsibility to take proper care of you and offer you proper treatment based on the circumstances.

You can easily prove this if there was a detailed agreement. It means that you hired this doctor to give you the care you needed.

Proving the neglect

Neglect goes further than simply getting a treatment you are not happy with. A treatment you’re unhappy with is not enough to prove medical malpractice.

To be able to sue someone for malpractice, you must prove that they were negligent in connection with your treatment or diagnosis. Also, you must show that you were harmed by the doctor through the methods they used.

Bear in mind that there are many medical malpractice cases involving injured or sick patients. So, it is important to know whether the harm was caused by the doctor.

For example, a patient who dies after being treated for cancer may have been neglected, but this is hard to prove. After all, cancer itself may have caused the death. The patient has to show that the injury was indeed caused directly by the doctor’s incompetence.

Quantifiable harm proof

Lastly, it is important to offer more details regarding the actual damage that has been done to you as a result of the malpractice. Damages may involve emotional distress, physical injuries, or damages that include costs for extra medical treatment.

The damage may also include money lost due to the patient being unable to work anymore.

Compensation for “pain and suffering” can usually be recovered by the medical malpractice plaintiff.

Proof ‘by a preponderance of the evidence’

Establishing all the elements mentioned earlier “by a preponderance of the evidence” is important for any patient injured by medical malpractice. This means that you have to prove that they are all more than likely true.


Medical malpractice lawsuits are difficult to deal with, but you can prove the medical malpractice by using the right strategy. Follow the tips above if you want to be successful.

Story by Tiberiu Iavorenciuc



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