When you go up against a medical professional in a court of law, it could be a little nerve-wracking. You might not know much about the medical field, and supposedly only have your own experience as proof of what you claim. Fortunately, a medical malpractice lawyer, can help you through the process. He or she can help you come up with the four items of proof you need to win a medical malpractice case.
1. A Duty of Care Was Owed to You
The first thing you must prove is that the healthcare provider actually owed you a duty of care. Proof of this aspect can be obtained by showing that the medical professional was in fact your doctor and a doctor-patient relationship existed. A medical bill listing you as the patient and the medical professional as the physician is often sufficient enough, though your lawyer may be able to find other forms of proof, such as a prescription.
2. Your Healthcare Provider Violated That Duty
The next thing you’ll need to prove is that your healthcare provider violated the duty of care that was owed to you. Proof of this might include expert witnesses from other medical professionals with the doctor’s same title who state they would have handled your situation differently. This establishes guidelines that a medical professional should abide by, which would help to show the doctor did not follow the proper procedures.
3. The Violation Directly Resulted in Your Injury
Having an injury and also having a doctor who violated a duty of care will not be enough to seal the deal in a medical malpractice case. You have to provide proof that links the two facts. You have to establish that the doctor’s behavior directly resulted in your injury. Proof might include statements from witnesses, medical evidence, other physicians’ statements and more.
4. Your Injuries Cost You Physically, Financially or Emotionally
In a medical malpractice case, you’ll be seeking damages for something you lost. This could include financial, physical or emotional losses. For example, the doctor’s negligent behavior could have resulted in you sustaining a broken bone. You might be going broke due to extended medical bills or losing wages while you recover. You could also have PTSD or another emotional issue because of the incident.
Getting a Lawyer Involved
When you get a lawyer involved, it may be easier to prove these four aspects of a medical malpractice case. Contact a lawyer today to get started with the proof you need.