Being in a scenario when you need to turn to file a claim regarding medical malpractice is pretty scary, as much as due to any kind of a result of malpractice as due to the fact that those very people that you are filing a claim against are the people that should be there to help you and heal you.
Legal matters are generally very complex, and it often happens that when people find themselves in a situation in which someone caused them harm, they don’t understand what their rights are as well as how to act on them. This is where this article comes into place, and here, we are going to explain how fault is proven in a medical malpractice case.
First Things First
When it comes to medical malpractice, many people aren’t even sure what can be considered as such. Basically, malpractice is the negligent, incompetent, or unacceptable treatment of a patient by any health care professional, whose treatment conflicts with the standard offered by other medical practitioners in their field.
When it comes to steps that need to be taken, the first one should be turning to professionals for guidance and navigation through the whole procedure. Your attorney can help with your claim by explaining to you all the details, knowing all the necessary things that you need to provide in order to gain proper compensation, and just make the whole situation a lot less stressful.
That being said, be sure to do your research first in order to find a skilled, experienced lawyer in order to boost your claim as much as possible. Now that you are covered with the basics, let’s talk about further steps that need to be taken – with or without your attorney.
Proving The Patient/Doctor Relationship
So, the first piece of proof that you need is a pretty basic one, which you should have no trouble obtaining. Basically, in order to even file a claim, you first need to prove that the health care professional that was responsible for your injury was the one that was treating you in the first place. So, how can you do this?
Well, considering the fact that the doctor/patient relationship is officially formed once a health professional has agreed to provide you with diagnosis and treatment, you can easily prove this relationship by providing medical records that contain information on diagnosis and treatment. That being said – always ask for and save your medical records! Wouldn’t hurt if you even had copies of them.
Proving Negligent Care
The next step is the one in which you need to prove that the doctor did not meet the standard of care, or if you are able to do so, that this isn’t an isolated case of negligent care. So, what is the standard of care? Basically, it is everything that a competent, reasonable, and skilled medical professional with a similar background would provide to their patients. This means that proof of negligent care needs to contain the comparison of the treatment that the medical professional responsible for your injury provided to what other medical providers would provide.
This tends to be a bit tricky since many people aren’t sure about the specifics regarding these standards, but then again, your attorney should be able to provide you with this information in order to build your case. In most cases, the result of negligence can be attributed to the doctor’s level of burnout. Basically, due to burnout, a competent medical professional can sometimes provide care that doesn’t meet the standard.
Proving That Negligence Resulted In An Injury
The thing is, the fact that your doctor was negligent isn’t enough for a case, you need to be able to connect that negligence to your injuries. In some cases, there isn’t an exact injury in question, but there can be worsening of a pre-existing condition or suffering from additional medical complications, all of which being eligible for a case. In most cases regarding medical malpractice, this step tends to be one of the more complicated ones. In order to prove that negligence is responsible for your injury, you need other medical experts to explain how your injuries are a direct result of the doctor’s actions or, alternatively, the lack of actions.
Proving The Damages Made
The last step is the one in which you provide proof of the injury itself, as well as the proof of the damages that you suffered as the result. This is important due to the fact that it gives the court a quantifiable injury, hence making it easier to decide on proper compensation.
In most cases, the easiest way to provide this information is the additional medical expenses that you needed in order to treat the additional medical issues. Another thing that easily quantifies how much you have lost is the lost wages due to losing your ability to work because of the malpractice.
In the end, it all comes down to compiling enough relevant information in order to boost the credibility of your claim. While this can be stressful and hard at times, if you have suffered from medical malpractice, with the right guidance and vigilance, you are going to push through and get properly reimbursed.
