How To Prove Medical Malpractice

A doctor committing errors or mistakes in their practice is a cause of concern. This is because they are perceived as persons of high ethical standards and professionalism. With their Hippocratic oath, they swore to provide care to their patients in the best of their ability. According to the website of Schuler, Halvorson, Weisser, Zoller & Overbeck, PA, medical professionals do not always live up to the standards of their profession.
When the negligence and carelessness of a medical professional leads to death or injury to the patient, a medical malpractice case can be pursued against the doctor. However, certain elements need to be present in order for your case to be successful and you can get claims.
Existence of a Doctor-Patient Relationship
The first element that should be present is the existence of a doctor-patient relationship. This is generally easy to prove in a malpractice case. The agreement of the doctor to provide some kind of diagnosis or treatment already shows the existence of a doctor-patient relationship. With the help of your attorney, you need to establish that the doctor fell short in providing appropriate medical standard of care.
Proof of Sub-Standard Negligent Care
In proving sub-standard care, the action of the doctor will be compared with similar professionals in similar circumstances while considering factors such as the community or type of community which the defendant practices. This will require the testimony of competent and reasonably skilled doctors on what they have done when faced with a similar situation.
Connection Between Doctor’s Negligence and Patient’s Injury
Proof that your doctor committed errors that most doctors would not have made is not enough, you should also show that the negligence of the doctor worsened the condition or caused injury or harm. You need to show that the injury is not related to any underlying medical condition or some other factors but to the sub-standard care of the doctor.
Quantifiable Proof of Patient’s Harm
To win your malpractice case, you should also provide the court with details of the actual harm you incurred as a result of their negligent action. You can ask to receive damages due to lost or potential loss of wages due to inability to work. You can also claim for damages for pain and suffering.
Each of these elements needs to be proven by a “preponderance of the evidence.” You medical malpractice case needs to pass a malpractice review board and be granted a certificate of merit.