If you feel like a loved one lost their life or has suffered from serious medical conditions due to negligence from a doctor, you have the right to be compensated for your losses—physically, emotionally, and even anything financially that may have been related to the accident.
However, your personal injury lawyer must prove that there was a lack of legal duty of care from the practicing entity or doctor. Thankfully, our skilled attorneys are here to explain the elements that you would need to prove in order to show liability in a medical malpractice case. This will help you to determine whether pursuing a personal injury case is in your best interest.
1. Existence Of A Doctor-Patient Relationship.
Of course, you’ll need to prove that you were actually a patient of that medical practice or doctor. Proving the doctor-patient relationship will give rise to the doctor’s duty to provide you with competent care based on your circumstances. Typically, this portion of proving liability goes without challenge.
2. Proof Of The Doctor’s Negligent Care.
This is the portion of proving liability that gets challenged. The real problem is that at some point, you feel as though your doctor had misled or neglected to care for you the way that they should have. It’s your personal injury lawyer’s duty to prove that your doctor had the skill, tools, resources, and expertise to care for you accordingly, but lacked doing so. The legal term for this is “the medical standard of care.”
To establish this standard of care, your lawyer will compare what your doctor did do, to what they should have done, by measuring their actions to other health professionals in the same space. To support your argument, your lawyer may call upon an expert witness (or another doctor) to testify about what any other competent doctor would have done in the same circumstances. Medical guidelines, testimony from both sides, among other evidence may be presented during the trial which all plays a part in proving negligence.
3. Proving The Link Between Your Injury And The Doctor’s Negligence.
Although it may seem like enough evidence to you, by law proving that your doctor’s actions were incompetent isn’t enough to be compensated by law. The other piece to the puzzle is proving that your accident or injury was directly related to your doctor’s mistake.
You’ll need to show that your doctor either caused your condition, escalated it, or caused pain and suffering to you or a loved one. To prove this, your personal injury attorney will focus on highlighting the doctor’s mistakes and providing reason that you would have never otherwise dealt with these conditions if your doctor had not been negligent to the medical standard of care.
4. Explaining Your Damages.
This is the last step to proving liability in a medical malpractice case. Providing the details of your accident can help people to understand the inconvenience, pain, suffering, and even losses that you’ve dealt with because of your doctor’s negligence. Typically, damages may include the cost of additional medical treatment, loss of wages due to missing work, and pain and suffering (physically and mentally).
It’s true that medical malpractice plaintiffs have some unique legal hurdles to get over but having a personal injury lawyer on your side can make all the difference.