If you are considering filing suit for medical malpractice, one of the first things to consider is what you will be required to prove. At the end of the day, what you will need to show is that your medical provider was negligent and caused you harm. To be successful in court, you will need to prove the following:
Doctor-Patient Relationship
The first thing you will need to show is that you had a relationship with the medical care provider. This is not difficult to prove. A doctor-patient relationship exists when a doctor sees you and agrees to provide a diagnosis or treatment. This is an element of any medical malpractice case and it typically goes unchallenged.
Negligent Care
Next you will need to prove that the doctor did not provide the medical standard of care. That is, were you provided with the same type of care you could reasonably expect from any similarly-trained provider. When you are showing the court what the doctor should have done, he or she will be compared to similarly-trained professionals in the same field of medicine.
Injury
You will need to show that there is a link between the doctor’s negligence and your injury. You will have to demonstrate that the doctor’s negligence or lack of care caused a health condition to worsen, or caused you some type of injury.
Damages
You next need to give details of the harm you suffered. These are called damages in court. Your damages might include the amount you were required to pay for additional medical treatment, any income that you have lost as a result of your failing health or injury, and physical or mental pain and suffering.
Preponderance of Evidence
Not only must you prove the above, but you must prove them in such a way that the court sees them as more likely to be true than not. This is called a preponderance of the evidence. In criminal court, it would be called beyond a reasonable doubt.
A medical malpractice claim can be difficult to prove if you do not have an experienced attorney on your side. If you have suffered at the hands of a medical professional, contact our offices today. We will review the facts of your case at no charge and advise you on how to best proceed. Our team is waiting to assist you, call us today.
