When we file a claim for medical malpractice, one of the most important parts of the case is proving that negligence occurred. This process involves showing that the healthcare provider failed to meet the standard of care and that this failure caused harm. While every case is unique, there are key steps an experienced medical malpractice lawyer recommends to build strong evidence.
Establishing A Duty Of Care
The first step is to show that there was a professional relationship between the patient and the healthcare provider. This means the provider had a legal responsibility to treat the patient according to accepted medical standards. Medical records, appointment logs, and billing documents can help confirm this relationship.
Showing A Breach Of That Duty
Once we establish that a duty of care existed, we need to demonstrate that the provider did not meet the expected standard. This may involve comparing the provider’s actions to what a reasonably skilled and trained healthcare provider would have done in the same situation. Testimony from qualified medical professionals and a review of the treatment records often help show where the standard was not met.
Linking The Breach To The Injury
It is not enough to show that a provider made a mistake; we must prove that the mistake directly caused harm. This connection, known as causation, often requires medical testimony and a careful review of the patient’s condition before and after the treatment. In some cases, the injury might have other possible causes, so it is critical to present evidence that links the provider’s actions to the harm suffered.
Proving The Extent Of The Harm
The final step is to show the full scope of the damages. This includes both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering. Medical records, employment records, and statements from the patient and their family can help show the impact the injury has had on daily life.
Using Reliable Documentation
Strong documentation is a key part of proving negligence. This includes all relevant medical records, prescriptions, test results, and imaging reports. Wrongful death lawyers look for written communications between the patient and provider that might reveal important details about the care given.
Working With Medical Witnesses
In many cases, we rely on testimony from medical witnesses who can explain why the provider’s actions were unacceptable under professional standards. These witnesses review the facts and provide an informed opinion on whether negligence occurred. Their testimony can be a major factor in persuading the court or insurance company.
Moving Forward
Attorneys like our friends at Ward & Ward Personal Injury Lawyers understand the steps needed to build a strong medical malpractice case and prove negligence. If you believe you have been harmed by substandard medical care, we encourage you to reach out. A legal professional can review your situation, explain your options, and help you take the next steps toward pursuing the compensation you deserve.
