Building a successful medical malpractice case requires documenting evidence, making specific connections, and calculating an exact amount representing damages. Additionally, you must be able to file your lawsuit within two years of the inciting incident, and the case must go through a review board before the lawsuit can be filed. If you’re considering filing a med mal lawsuit, it’s important you understand all its necessary parts.
Proving Medical Malpractice Is Complex
In order for you to file a successful medical malpractice claim, you and your attorney must be able to show that:
- A doctor-patient relationship existed. Though this fact usually goes undisputed, part of your case must show that your doctor met with you, diagnosed you, or treated you. This is also known as proximate cause.
- The doctor was negligent. Doctors and other healthcare professionals must meet an expected standard of care. Legally, a doctor may be found negligent if another reasonable physician—meaning one with a similar skill set and in the same situation—would have made a different decision.
- The patient was harmed. You must be able to show, with concrete evidence, that you experienced harm. Your word is not enough.
- The direct link between the negligence and harm. It’s not enough to say that a doctor made a mistake and that you were harmed. With evidence, your attorney must demonstrate that a specific mistake directly led to patient harm.
- The monetary amount of damages. It’s also critical to prove exactly what harm the doctor’s action (or inaction) caused you. It’s possible you needed further medical treatment or had to miss work because of the doctor’s negligence—and all of these losses are calculable.
In building a case to prove that your doctor did not meet the expected standard of medical care, he may need specific pieces of evidence, including:
- Medical records
- Expert testimony
- Witness statements
- Photos or videos
Get Trusted Legal Advice Today
If you’ve been injured after a medical professional was negligent, you may have questions about a potential medical malpractice case. The experienced legal team at Tavss Fletcher invites you to come in for a free consultation where we can review your case, answer your questions, and advise you of your next steps. Fill out the online contact form on our website today to get started.