5 Essential Steps To Proving A Medical Malpractice Claim
- June 1, 2018
If you believe that you or someone you love has fallen victim to Medical Malpractice, you probably want to file a claim against the negligent medical professional who caused you to suffer unnecessarily.
When it comes to proving fault in a medical malpractice claim, it usually comes down to proving that the doctor or medical professional was negligent when administering medical treatment, and as a result, you suffered injury or harm.
Although it may sound simple, proving medical malpractice claims are usually just the opposite. They are often very complicated and require not only legal but also medical knowledge to be able to prove that negligence did indeed occur.
When proving a medical malpractice claim, there are a few things that need to be established:
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1. Doctor/Patient Relationship
A doctor-patient relationship exists when a doctor agrees to provide you with some type of diagnosis or treatment. The first thing you need to prove is that there was a doctor-patient relationship.
This is probably the easiest step and is rarely disputed. This just tells the court that there was a doctor who had an obligation to the patient to provide competent care.
2. Prove Negligent Care
To prove negligent care in a medical malpractice case, you will need to prove that your doctor did not meet the medical standard of care.
The Medical Standard of Care is the level and type of care that a competent, reasonable, and skilled healthcare professional, with a similar background and that, is also in the same medical community, would have provided under the same circumstances that led to the malpractice.
In many malpractice lawsuits, expert witnesses such as other doctors or medical professionals in the same field will be asked to testify as to what a competent and reasonably skilled doctor would have done in the same situation.
3. Prove an Injury Occurred as a Result of Negligence
To win a medical malpractice case you cannot just prove that your doctor was negligent and failed to provide you with the standard level of care. You will also need to prove that because of the doctor’s negligence, you suffered an injury or harm.
It must be proven that your condition became worse, or that you suffered an additional medical issue as a result of the medical professional’s actions. This is another situation where an expert witness may be called to testify to explain how the additional issues were a direct result of the doctor’s negligent actions.
4. Present Proof of Damages
Finally, you must also provide the court with details regarding the damages that you suffered as a result of the malpractice. This may include the amount of wages that were lost or any additional medical costs incurred due to the negligence of the medical professional.
In a medical malpractice case, the victim is normally entitled to receive compensation for the pain and suffering that the malpractice caused.
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5. Prove all Elements
In a medical malpractice lawsuit, you need to prove all elements stated above “by a preponderance of the evidence.” This means each of the statements above needs to be more likely true than not.
This can be an extremely complex undertaking for the victim, and nearly an impossible task for them to handle without the help of an experienced Georgia Medical Malpractice Attorney.
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When you become the victim of medical malpractice, you will need the help of an attorney to gather detailed evidence to explain the following:
- Establishing the Extent of the Doctor-Patient Relationship
- Proving Negligent Care
- Proving an Injury Occurred as a Result of Negligence
- Presenting Proof of Damages
- Providing all Elements to a Judge or Jury
Trying to complete the above tasks on your own is nearly impossible. As discussed, in a medical malpractice case there is often cause for expert witnesses to testify on your behalf, and without the help of an attorney, it is very difficult to find these expert witnesses.
It is the medical establishment’s job to have a team of lawyers on call and ready to assist with medical malpractice claims. Their job is to try and save the establishment as much money as possible, which means they often do whatever they can to downplay your injury or concern so a lawsuit is not filed.
If you are concerned that you were injured as a result of malpractice, your best option is to contact the experts at The Brown Firm for a free consultation.
Our Medical Malpractice Attorneys will speak with you directly to determine if you have a case.
Our lawyers have the experience and skills to file your lawsuit and help you receive the compensation that you deserve for your pain and suffering.
Do not wait to call a professional if you were injured as a result of a medical professional’s negligence.
Click below to schedule your free consultation today with Georgia’s Leading Medical Malpractice Attorneys today.
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