People trust medical professionals for their health, safety, and even their lives. A Gallup poll revealed most trusted professions are nurses, doctors, and pharmacists. Respondents say people in these jobs have high honesty and ethical standards.
This explains the profound betrayal people feel when these same people are negligent. It’s made worse when a medical professional’s carelessness or wrong intent leads to injury or death. This is also known as medical malpractice.
An individual can get compensation if the provider’s actions cause injury or death. The challenge is proving that medical malpractice occurred. Proving such a claim can be complex and difficult.
Understanding the critical components involved is necessary. It can help strengthen one’s case. Working with good medical malpractice lawyers is also vital. These experts know how to prove medical malpractice. This post will provide a quick look at how it’s done.
Determine Doctor-Patient Relationship
The first thing a medical malpractice lawyer does is prove a doctor-patient relationship. He or she will show it existed. This means the plaintiff hired the doctor and they agreed to provide care.
Proving this is often straightforward. The records of appointments, treatments, or consultations serve as proof.
Establish a Breach in the Standard of Care
People trust healthcare professionals because they follow specific standards of care. These are the accepted practices skilled medical providers would follow in similar situations.
An experienced medical malpractice attorney must prove negligence. He or she will show that the healthcare provider deviated from this standard of care. This means the provider acted in a way that another competent professional wouldn’t have. The lawyer will call on expert witnesses to testify to the acceptable standard of care. The witnesses are often other medical professionals.
Prove Cause
It’s not enough to show a healthcare provider was negligent. The best medical malpractice attorney must prove injuries were due to negligence. The caveat is that this can be the most challenging element to establish. It’s because complications can happen in medical treatments, even with appropriate care.
The medical malpractice lawyer must connect the breach of duty to the harm suffered. This is where an expert’s testimony comes in. What the specialist says is critical in establishing this link.
Show Demonstrable Damages
Damages in medical malpractice cases refer to the losses incurred due to the injury. This can come in the form of more medical expenses and loss of income. It can also be the pain and suffering the patient experienced. Long-term or permanent disability is serious damage. There’s also emotional distress to consider.
Plaintiffs and their medical malpractice lawyers must show demonstrable damages. They won’t have valid medical malpractice claims if they can’t do so.
Collate Evidence to Support Claims
Collecting and preserving evidence is vital to building a strong malpractice case. Medical malpractice lawyers will try to secure key pieces of evidence. This can include the following:
- The patient’s medical records and treatment notes
- Diagnostic test results
- The prescription records of a pharmacist
- Witness statements from family members or other healthcare providers
- Any documentation of follow-up care or consultations
Beat the Statute of Limitations
There’s a statute of limitations for filing a medical malpractice lawsuit. These limits vary but they often range from one to three years. The statute of limitations begins from the date of the injury or its discovery.
Any malpractice case filed outside this statute is always dismissed. That’s why people need to act fast.
Get Ready for the Defense
Going up against medical professionals or organizations is challenging. It’s because they often have strong legal teams. These people might argue that the injury was a known risk of the procedure. They could also claim the patient contributed to their harm.
Patients must prepare for such claims or defenses. The best medical malpractice attorney anticipates these arguments. They will also have a counter for these claims.
Experienced Trial Attorneys
Malpractice lawsuits are often complicated and stressful. That’s why these cases should be in the expert hands of Warner and Warner. Our company will help make this process go smoother for you. We’re one of the best trial law firms in Orlando. Our company specializes in personal injury and medical malpractice cases. Our services also include handling vehicle accident cases and defective products. So why don’t you give us a ring at (321) 450-7960 or drop a message here?
