How to Prove Medical Malpractice

The medical profession relies on patients' confidence in the services and treatment provided by healthcare professionals, who are expected to adhere to and uphold a certain standard of care. Unfortunately, mistakes do happen and often with serious consequences for those under their care. 

According to a study by John Hopkins Medicine, over 250,000 people die each year in the United States from medical errors, ranking this as the country's third leading cause of death, after heart disease and cancer. As a result of these errors, there can be a worsening of a patient's original condition, the development of a separate condition or chronic pain. In some of these cases, the medical professional could be held liable for the harm caused, constituting medical malpractice. 

Medical malpractice arises when a patient is injured due to a healthcare provider's negligent actions or failure to act according to recognized standards of care that are expected of them. Examples of medical malpractice may include misdiagnosis, dosage errors, unnecessary surgery, misreading laboratory results and childbirth injuries. 

If you or someone you know has suffered harm due to a medical error, this article will offer guidance in terms of proving medical malpractice.

Seek Legal Advice

An experienced and expert medical malpractice attorney can review your case, establish whether there are grounds for a claim and explain the likely outcome. Many law firms, such as The Tinker Law Firm PLLC, offer a free consultation where you can discuss the merits of your case and will also charge no fees unless they recover money on your behalf.

Your attorney will also help you to structure your claim by guiding you on the documents to gather as evidence and with expert medical witnesses to support your claim. To bring a successful claim for medical malpractice you will need to establish the following: 

Existence of a Doctor-Patient Relationship

You must show that a doctor-patient relationship existed between you and your doctor or medical provider. This is usually formed when they agree to examine or treat you and from your signing of documentation such as consent forms.

Duty of Care

You must be able to show that your doctor owed you a duty of care that meets the standards reasonably expected of a competent doctor according to the medical community.

Breach of Duty

If your doctor failed to act according to the standards expected of them they will be deemed to have breached their duty of care to you. Proving this may involve expert testimony from another medical professional who can fairly explain how a competent doctor should have acted under similar circumstances.

Injury of Harm

There must be a direct link, or proximity, between the harm suffered and the negligent act or omission of the doctor. This stage often relies on the expertise of a medical expert who can testify as to how the harm or injury was sustained. Unless you can establish this connection, your medical malpractice claim will be unsuccessful.

Damages

In addition to these elements, you must be able to provide details of the harm you suffered and for which you can receive compensation. Types of damages that can be recovered include medical bills, physical and mental pain and suffering, loss of future earnings and loss of enjoyment of life.

Being able to prove all of these elements in your case will stand you in good stead of successfully bringing a medical malpractice claim

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