How Can You Prove Medical Malpractice?

November 12, 2020 by Yale Spector

proving medical malpractice

Medical malpractice accidents happen very frequency. If you have been involved in one, there are probably many questions that you may have. An experienced medical malpractice attorney will be able to answer any legal questions that you may have and collect damages for any losses that you   encountered after your accident. The statute of limitation varies per state, so it is important you act quickly if you have been involved in an accident.  Below are the few things you will need in order to prove medical malpractice.

You will need to start by showing that there was a doctor-patient relationship establish. This will show that you and the doctor had an agreement for the doctor to treat you and provide competent care. This element normally goes unchallenged in most medical malpractice cases.

The next thing that must be show is that the doctor strayed away from the standard of care, which is what any other medical professional would have normally practice under the same circumstances. This is the most important fact to prove in any medical malpractice case. In order to prove this, it is vital that you seek a second opinion. Go see another medical professional who can back up your claim that the standard of care was not practiced. They will be able to explain what the original doctor should have done. It may be necessary for the professional to testify in your case. Clinical practice guidelines that are published by medical professional groups are sometimes used as evidence as well.

The next step can get a little tricky. You must be able to prove that because of your doctor’s negligent care, your health condition became worse which caused you additional injuries that aren’t attributed to your current medical condition. The other medical professional can assist you in establishing this.

Finally, you must be able to provide details of the harm you suffered to collect damages. Examples of damages include
• Loss wages
• Medical bills
• Pain & suffering