What are the 5 Ways to Prove Medical Negligence?
Have you or a loved one been injured due to medical negligence? Or have you lost a loved one because of a lack of proper medical care? There are millions of medical malpractice cases in the U.S. annually due to misdiagnosis, negligence, etc. But to pursue a case against a hospital or medical staff, you must produce proof of negligence.
State laws regarding aspects of your case may vary, making it easier to prove in some states than others. So how can you confirm that you or your loved ones are victims of medical negligence? There are several necessary steps to proving a negligence claim that will be the same regardless of location. The following are crucial to the success of the case.
Proof of Doctor-Patient Relationship
Proving a relationship between the doctor and patient is the first step to pursuing a medical malpractice claim. The standard for the time a relationship is established may vary from state to state. However, in many cases, a relationship is considered to be formed upon the exchange of money for services.
Medical records may potentially suffice to prove establishment as well. It is best to consult an experienced medical malpractice attorney to determine if you can prove that a doctor-patient relationship exists.
Proof of Duty of Care
The next step is proving that a duty of care was in place. This duty of care is a certain accepted standard of care that medical professionals must legally provide to their patients. It can consider particular factors such as the professional’s training and experience. Your doctor or other medical professionals may have performed a negligent act that led to a breach of this duty of care.
Proof an Injury or Death Occurred as a Result of Negligence
Proving that the medical professional(s) actions were negligent is the next crucial step for your case. This is called a breach of duty of care.
Medical errors or even lack of proper medical care are considered negligent acts. For example, if a health professional administered the wrong medicine or wrong dose of medicine to a patient or failed to administer the required medication.
Proof of Damages
Just as it is important to provide proof of negligence, it is essential to prove that that act of negligence did indeed lead to damage in the form of bodily injury. There is no case without it. Continuing with the example of a lack of proper medical treatment, a mix-up of or failure to administer medications can undoubtedly be a cause for injury or death. You will need to obtain proof that links the two.
If you are able to prove this, you may receive compensation for the following:
- Medical bills.
- Loss of income because of an inability to work.
- Pain and suffering: this can include physical, mental, and emotional.
This is certainly not an exhaustive list, but just a few examples. The ability to provide this proof of damages and patient’s injury gives you and your attorney leverage to negotiate a suitable settlement for providing you and your loved ones with reasonable compensation.
Presentation of Proof
The final step is providing the evidence to a judge, jury, or both. Part of the proof brought to court should include testimonies from expert witnesses. These witnesses are assessed for credibility. Their testimony is submitted to the court based on standards that may consist of whether their testimony is rooted in facts and if it will assist the jury.
Speak with an Experienced Medical Malpractice Attorney
Are you pursuing a medical malpractice lawsuit due to negligence? It is crucial that you consult an expert attorney to validate your case and prove negligence. At Strickland & Kendall, LLC, our experienced team is ready to help you prove negligence, navigate deadlines, negotiate with insurance companies, and ensure you receive compensation for the pain and suffering you and your loved ones have experienced.
You mustn’t delay in pursuing proving your case. There are deadlines involved with filing your claim. Give us a call to ensure the statute of limitations does not pass without receiving the compensation you deserve. We accept calls 24/7, seven days a week: 334-269-3230.