In our experience as medical malpractice attorneys, one of the most critical points to prove is medical negligence. In this post, we give a brief overview of what it takes to prove medical negligence for a medical malpractice case.
What Is Medical Negligence?
Not being happy with a doctor’s treatment does not necessarily mean medical negligence on the part of the doctor. However, patients who have been harmed as the result of a doctor’s negligence do have the right to file a medical malpractice claim against that doctor.
Medical negligence can be tough to prove as there are certain risks associated with medical care and medical providers cannot guarantee outcomes for every individual. In medical malpractice, medical negligence is when a medical professional fails to provide care according to acceptable medical standards and as a reasonably skilled medical provider would under similar conditions.
If you have questions about whether you have suffered an injury due to medical negligence, contact our medical malpractice lawyers.
How to Prove Medical Negligence
While medical negligence often leads to injuries or pain, it is still medical negligence even if no harm is caused. For medical malpractice cases, we can assume that medical negligence leads to injury, sickness, or other harm. In order to hold a medical provider accountable, your medical malpractice attorney must prove the following:
Duty of Care to the Patient – When a patient agrees to be treated by a medical care provider or receives emergency care, this is considered the duty of care. Essentially, this is proof that the doctor-patient relationship existed at the time of the negligence.
Medical Standard of Care – This determination is based on the typical practices of the average medical professional or what the average doctor would customarily do in a similar situation. A medical provider who is shown to have acted below this standard level of care has committed medical negligence.
The Level of Care Caused the Injury – In addition to showing the standard of care, it must also be shown that the substandard care provided by the medical care provider caused the patient’s injury or illness. Often expert medical witnesses are called in to explain in their professional opinion how the negligence led to the injury.
The Patient Suffered Injury or Illness – This is fairly straightforward, but clearly shows that the victim in the medical malpractice suit suffered actual damages.
Important Things to Note
Medical malpractice cases can be very complex. It’s crucial to work with an experienced medical malpractice attorney or personal injury attorney to ensure you have the best representation available.
In addition to compensation for damages, many medical malpractice cases also include compensations for medical expenses, time off work or lost wages, and pain and suffering as well.
Proving medical negligence can be difficult and impact the compensation due to an injured party. It’s crucial to work with a seasoned attorney familiar with the medical terminology and requirements that must be met to prove medical negligence.
Questions about medical negligence in a potential medical malpractice case? Contact our medical malpractice attorneys to discuss your case.
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