Four Steps To Prove Medical Malpractice
Posted on June 27, 2022 in Medical Malpractice Claims
Proving medical malpractice is hardly a straightforward affair. There are numerous steps you have to follow and corresponding pieces of evidence you need to gather. Of course, the best option would be to engage the help of an experienced attorney who can advise you on what to do. Read on to find out more about the four steps to follow to prove medical malpractice!
Proving Doctor-Patient Relationship
This is often the easiest piece of evidence to obtain, as all you will need are copies of the forms you first filled in when you started seeing the healthcare provider. A medical bill or prescription slip can also serve as evidence. Although the doctor-patient relationship is one of the least disputed aspects of a medical practice case, it is a crucial piece of evidence as it shows that the responsible party owed you a duty of care.
Obtaining Evidence of Breach of Duty of Care
The next step would be to demonstrate that your healthcare provider breached their duty of care to you. To do this, the service of a medical expert is required. This individual will be a professional who operates in the same field as the responsible party.
They should be able to provide you with a testimony of the level of care that can reasonably be expected under similar circumstances. Then, the medical expert will examine your records and determine if a breach of duty of care has occurred anywhere.
Proving Harm
Moving forward, you will need to be able to prove the harm or damages you suffered as a result of medical negligence. This can be an exacerbation of existing symptoms, a severe allergic reaction, or any other kind of medical emergency you suffered. Keep in mind that it’s not just enough to prove that you suffered these damages, you have to prove that provider negligence was the cause of harm.
Providing Evidence for Damages
Besides the physical and medical effects you have suffered, damages can also be caused in the form of pain and suffering, lost wages, drop in quality of life, and more. You will need to provide evidence that you have indeed suffered these damages, such as through your most recent payslips compared to your payslips from before the incident.
Emotional suffering can be proved through a daily record or journal, or non-attendance at classes and activities you used to enjoy but that you can no longer take part in.
Select a Medical Malpractice Attorney Who Will Fight for Your Rights
One of the most important decisions you can make when filing a medical malpractice lawsuit is your choice of attorney. An experienced attorney will be able to connect you with the medical experts whose knowledge you need to prove your case. At Pazer, Epstein, Jaffe & Fein, P.C., we see it as our mission to fight for those who cannot defend themselves.
If you would like to get started with an initial consultation, please contact us today and we will sit down with you to establish the facts of your case!