If you feel you’ve been wronged or treated unjustly in your medical care, you may consider bringing a medical malpractice lawsuit. Before you begin, believe that you will have to prove your case, and it’s not just as simple as saying, “That doctor was negligent!”. Five main elements need to be confirmed in a medical malpractice case, not all of which are simple to establish.
The first thing that needs to be established is that there was a doctor-patient relationship. This aspect of a medical malpractice case is usually non-contentious. Once the doctor-patient connection is established, the doctor must provide the patient with a competent level of care.
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Proof of Negligent Care
In most cases, the main issue will be proving that the doctor provided substandard or negligent care to the patient. However, what constitutes an acceptable “standard of care” is . From a legal perspective, the standard of care is “the caution that a reasonable person in similar circumstances would exercise in providing care to a patient”.
This level of caution and standard of care is usually established in court using expert evidence. Experts will testify to state the currently accepted practice and explain a typical treatment level. Given that experts may have varying opinions on these matters, several witnesses may testify, each offering their own expert opinion. Besides, the plaintiff and the defendant will usually put forward their expert witnesses, who may disagree on the standard of care. A solicitor from Patient Claim Line, a firm of , notes that the duty of care should be that of a “minimally competent physician in the same circumstances.”
Alongside these expert witnesses, clinical guidelines from medical professional bodies are often put forward as evidence of what kind of treatment standard should be expected. The policies of these professional bodies and the expert witnesses’ statements will be compared to what happened in your case. This creates a picture of what was done versus what should have been done and whether medical negligence is established.
Link Between Negligence and Injury
The next thing that needs to be proven is that the doctor’s negligent actions or treatment caused the injury or condition you claim. So, if your doctor was negligent in performing surgery on your arm, but your feet are sore now, that’s probably not going to be a sufficient link. Furthermore, it needs to be shown that the injury isn’t caused by some other underlying condition that you have.
Actual Proof of Harm
The last thing that needs to be proven is that there has been actual harm in the form of monetary damages caused. This may be lost wages due to your new injury, treatment cost, or emotional harm.
Proof “By a Preponderance of the Evidence”
All of the above elements must be proven “criminal cases, where the bar is “beyond a reasonable doubt.”.” This means that, on balance, the claim of medical negligence is more likely true than not true. This standard is lower than in
All of these elements may seem overwhelming if you’re wanting to claim medical negligence, and it’s important to go to a legal professional if you need help. In the meantime, gather any documents relevant to your case and make a record of the pain and suffering that you are experiencing as a result of your injury. Please speak to your doctor and ensure you obtain their notes on your condition.