Proving Medical Malpractice

Posted on by Raynes Erickson

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As you face medical concerns, you hope to be met with a physician who is equally knowledgeable and compassionate. You require that your care is thorough and considerate. And you long for hopeful outcomes at the hand of competent healthcare providers. While each journey toward recovery is different, these are for what we all long in such a challenging time. And while most health care providers excel in these ways, be sure to take control of the instances in which they do not. If you have suffered prolonged or additional injury and believe that your physician has acted negligently in your care, you may have a case of medical malpractice. However, there are a few basic requirements for a claim and ways in which you must prove negligence. 

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How to prove medical malpractice:

[/vc_column_text][vc_column_text]In short, malpractice occurs when a patient is injured because a doctor failed to perform their medical duties in completion. Below are the three essential requirements for proving malpractice.[/vc_column_text][vc_column_text]

  1. There must be a doctor-patient relationship. This indicates that you hired your doctor for your treatment and that they agreed to do so. Your relationship is typically proven if you were seen and treated by this physician at least once. So, this would exclude any instance in which you received advice or treatment from a doctor in a non-professional setting.
  2. Your doctor must have acted negligently. If you are merely dissatisfied with your treatment or its results, these are not grounds on which to sue. Negligence is the primary prerequisite of malpractice and may be challenging to prove. It suggests that your doctor acted in opposition to how a competent counterpart in the same circumstances would have performed. Each doctor is expected to act reasonably carefully and skillfully. Determining whether or not they upheld such expectations usually requires expert medical testimony.
  3. You suffered specific damages because of your doctor’s negligence. Even if your physician did something wrong, but you were not harmed, you will not have a case. However, there are several types of damage for which you can file a lawsuit. These include physical pain, mental anguish, additional medical bills, and an inability to work or earn wages.

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Categories of Malpractice:

[/vc_column_text][vc_column_text]There are three generalized categories under which a medical malpractice case could fall. These include:[/vc_column_text][vc_column_text]

  1. Failure to diagnose. With a proper diagnosis, you have a high chance of receiving adequate treatment. But, if your physician fails to provide the correct diagnosis, you could have a worse outcome.
  2. Improper treatment. This indicates that you may not have been given the correct type of treatment or that it was improperly administered.
  3. Failure to inform the patient of known risks. Patients should have a clear understanding of their options and responsibilities regarding their recovery. If given insufficient information, a patient might choose a worse option for their health or be surprised by unforeseen consequences.

[/vc_column_text][vc_column_text]We hope and anticipate that each of your healthcare experiences are positive. In most cases, you will be well-cared for by your physician. However, in these instances of negligence, be sure to reach out for legal assistance so that you are compensated for your suffering. If you or a loved one have been injured by medical malpractice, do not hesitate to call on us at Raynes and Erickson for expert legal counsel and advocacy. We are here to fight for your fair treatment in this time of compounding hardship.[/vc_column_text][/vc_column][/vc_row]

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