How to Prove Medical Malpractice
Medical malpractice happens when a healthcare facility, physician, or any other medical caregiver, through omission or negligence, causes an injury to a patient. The negligence might be due to errors in health management, diagnosis, treatment, or even aftercare.
If you have reason to believe that your caregiver omitted or acted negligently, and their actions caused you harm, then you may legally file a medical malpractice claim against them. However, your suit must meet the following requirements:
Show the existence of a doctor-patient relationship
Include evidence that you hired the physician and that the physician accepted to be hired. So, in addition to receipts, bills, and other indications, you also want to show that the doctor agreed to render the specified medical services. Proving the existence of a doctor-patient relationship isn’t hard. As long as the doctor accepted to offer some treatment or diagnosis on you, or if the care was given void of any agreement, then the relationship existed.
Prove your doctor was negligent
To show negligence in medical malpractice care, you must prove that the physician didn’t meet the stipulated medical standard of care. The medical standard of care is the degree of care and skill of the average medical professional who practices in the provider’s specialty, factoring in the medical knowledge that’s available in the industry. The concept is tied to the hypothetical practices of a reasonably skilled and competent medical expert in a similar community. So basically, you want to prove that the physician’s care didn’t meet the medical standards.
Prove you were harmed
You’ll need to file your claim as soon as you can following the incident so as not to miss out on the statute of limitation. Do not forget to record any expense that you incur taking care of the harm resulting from the doctor’s negligence – these will serve as evidence. Gathering witness to testify in your favor and collecting documents to support any missed work can also be a great addition to your case.
Show a link between your injury and doctor’s negligence
Considering many patients seek treatment for different illnesses or injuries, it can be hard to prove that the “said” harm or damage isn’t attributable to their underlying medical condition or some other reasons. An expert testimony (from other doctors) can help you determine the element of malpractice here. There is also the doctrine of “res ipsa loquitur” where the thing speaks for itself – like if the doctor leaves a tool or instrument inside after completing the surgery.
Show that the harm or damage is quantifiable
Last but not least, you need to indicate the actual injuries you sustained. In this case, damages may include things like lost wages, medical costs, mental and physical pain and suffering, and so on.
As a plaintiff, you will need to demonstrate the elements mentioned above by a preponderance of evidence – where you convince the jury that your facts are more likely than not to be true. By working with one of the best Miami medical malpractice lawyers, you not only enhance your chances of winning but also remove the stress out of the process.