How can I determine if a doctor, hospital, or other health care provider has committed medical malpractice?
- March 29, 2017
A doctor’s negligence is unacceptable, and if you are ever the victim of this negligence, you may wonder how you are able to prove this carelessness. In order to determine medical malpractice, it is vital that you prove that a doctor or healthcare official was negligent when you were receiving treatment. Additionally, you must prove that you were harmed in some way. This could be physical or mental harm. By remember the following, you will know the steps that you will need to take to prove medical malpractice.
Proving a Doctor-Patient Relationship
The first step in proving medical malpractice is to prove that there is a doctor-patient relationship. Without proving this, you will not be able to prove any type of malpractice. Fortunately, this is usually not difficult to prove. If the doctor gave you any type of diagnosis or treated you for a condition, then you can prove that there was a doctor-patient relationship. It is also important to keep up with any medicine that you were prescribed. Having the doctor’s signature on the prescription clearly shows that you have a doctor-patient relationship.
Proof of Negligence
The most important piece to prove is whether or not there was negligent care. The issue that has to be proven is whether or not the doctor acted in the same manner that someone else in that position would have acted. Therefore, in order to prove this, your doctor would have to be compared to similar professionals. At this time, your attorney will probably want to bring in additional witnesses. These witnesses will not necessarily be people who saw the treatment or procedure being performed, but they will be experts who can testify about the treatment that was administered. It is important to keep in mind that the doctor’s attorneys will also present similar witnesses to help bolster their case. It will be extremely important that your witnesses clearly show how the doctor failed to provide adequate care.
Showing Connection between the Negligence and the Injury
Proving that the doctor did not act in the same manner that other professionals would have is just a small piece of proving malpractice. The next step is to show that the negligence led to your injury. This could mean that the doctor’s negligence caused an initial injury, caused your condition to become worse, or caused an additional injury. In some cases, the negligence would have resulted in a combination of these. The important piece during this step is to prove that your injury is not attributed to some additional health conditions that you already had, but you will need to prove that the injury was indeed caused by the doctor. During this step, your attorney and the doctor’s attorney may ask additional witnesses to testify.
Proof of Patient’s Harm
Finally, you must provide explicit details of the damage done to you. Damages do not always simply mean injuries. Damages can also include the additional money that you have had to pay because of the negligence. You may have been forced to pay additional medical bills or receive additional treatment. This additional treatment may have caused you physical and emotional suffering. In most medical malpractice cases, attorneys will try to get compensation for the physical and mental pain and suffering that the doctor’s negligence caused.
Medical malpractice can be frustrating and overwhelming. However, it is important to remember that you have entrusted a healthcare official to provide you with the utmost care, and when this is not done, it is important that it does not happen to anyone else. When you file a medical malpractice suit, it clearly shows your doctor and all others that they have a duty to uphold.
There are lots of hurdles that one must jump over in order to successfully file a medical malpractice suit. Therefore, it is important to have reputable, reliable attorneys on your side. Medical malpractice laws differ from one state to the next, and all laws can be very complex. By working with attorneys, you can feel secure that your best interests are being considered.