Personal Injury Lawyer
The foundation of any legal action is having the proper evidence to bring the suit. Without these fundamental elements, any type of legal suit is dead in the water.
For medical malpractice cases, the stakes may be high. Errors by medical personnel can lead to catastrophic injuries that may result in a major change to a person’s way of life. Getting to a successful resolution in this type of tort action requires some basic means of proof.
A Relationship Existed
The first thing that needs establishing in a medical malpractice case is the relationship between the plaintiff and defendant. Simply put, there needs to be evidence that the plaintiff was a patient of the defendant. This can be often be accomplished through medical records.
In any personal injury case, there needs to be proof that the defendant acted negligently. In medical malpractice, this means the plaintiff must show that the doctor did not take reasonable measures to ensure the safety of the patient. Did the doctor act in a way that violated the standard of care in that instant. This can amount to a misdiagnosis, surgical error or medication oversights.
Injury Resulted From This Negligence
The claim being brought must show that the injury was a direct result of the doctor’s failure to adhere to the standard of care. If a plaintiff provides enough evidence, they may recover damages. This is a financial award the court may pass down, the calculation of which may take into account:
- Suffering and pain
- Emotional or mental damage
- Lost income due to inability to work
- Further medical treatment now required
State laws vary on how much money a plaintiff may receive in damages. At the very least, the patient’s medical bills are usually covered.
Help To Prove Malpractice
There are resources you can utilize to aid in your case. One of the tools that may help your cause is an expert witness. This is a person, unrelated to your case, who reviews the details of the medical services you received. An expert prepares a report that gets submitted to the opposing side and the court detailing the expert’s reasoning behind why they believe your provider was negligent. The expert should be a person who has the same specialty as the defendant in your case. This gives the expert’s opinion more clout in the eyes of the court and may aid your case.
A medical malpractice lawyer may be able to guide you through the process.