Have a Medical Malpractice Case? Here's What You Need to Prove It
Most medical professionals strive to provide the highest standard of medical care for each patient. However, even medical professionals can make mistakes on occasion. Unfortunately, sometimes even small medical mistakes can have serious consequences.
A wide variety of circumstances can lead to a medical malpractice lawsuit. For example, a medical malpractice claim could result from a surgery or misdiagnosis. If you or a loved one has recently been injured because of one of the following, you may have a medical malpractice case:
- Inadequate medical treatment: when a medical professional recommends a treatment that no other competent medical professional would provide, or he or she doesn’t administer treatment correctly.
- Misdiagnoses: if another competent medical professional would have recommended a different diagnosis that could have resulted in a more favorable outcome.
- Failure to diagnose: if your medical professional fails to warn you of possible health risks associated with treatments and procedures.
If you think you have a medical malpractice case, contact an attorney immediately. An attorney can help you determine if you have a valid medical malpractice claim and help you prove negligence.
Here are some ways a legal professional may help you prove your medical malpractice case.
Proving You Had a Doctor-Patient Relationship
Initially, you and your lawyer must prove you had a doctor-patient relationship with your medical provider. Doctor-patient relationships exist if you had hired a medical professional and he or she agreed to give you treatment or a diagnosis.
This relationship is a starting ground to prove that the doctor should have provided you with proficient care under the circumstances. Most doctor-patient relationships can be easily proven and are rarely disputed in court.
Proving Negligence by the Medical Professional
Some people assume that they can sue for medical malpractice if they aren’t satisfied with the treatment they received. However, medical professionals may not be guilty of medical malpractice just because they provided poor treatment.
One of the most crucial aspects of your medical malpractice case is proving that your medical provider was negligent. You must prove that your medical professional didn’t provide the care and skill that another similarly trained medical professional would provide in similar circumstances.
Doctors aren’t required to provide the best or nicest care possible. However, they are required to provide care that is reasonably careful and skillful.
To prove that this standard has been breached, states often require the injured patient to provide a medical expert. This medical expert will be a witness to the medical standard and give examples of how your physician may have strayed from that standard.
Proving That You Are Injured
Patients who file medical malpractice lawsuits must also provide proof that they suffered injuries or damages due to inadequate treatment. Along with physical injuries, some damages could be eligible for compensation. Such damages can include the cost of treatment or loss of income due to the injury. In some cases, patients may also receive compensation for psychological pain and suffering.
Proving That the Doctor’s Negligence Led to Your Injury
You and your lawyer must also prove that your medical professional’s failure to provide adequate care resulted in your injury. Many malpractice cases are denied because patients fail to prove that an injury was a direct consequence of treatment.
Patients also have to prove that an injury was not caused by preexisting conditions. For instance, if a patient with cancer passes away, an attorney must prove that a physician, not cancer, caused the death.
Most patients will need a medical expert to affirm that the doctor’s inadequate treatment led to the damages. Keep in mind that both the defendant and plaintiff often use the testimony of medical experts to support their own claims.
Medical malpractice lawsuits require extensive research and knowledge. Rely on a qualified medical malpractice attorney to help you receive compensation for your injury. An attorney can discuss the best course of action for your case as well as your case’s strengths and weaknesses. If you are looking for a medical malpractice attorney, contact Robert Kornfeld today!