If you suffered injuries or health complications because of a misdiagnosis, surgical error, or other form of medical malpractice, you’re likely entitled to compensation. However, it’s not always easy to win a medical malpractice claim.
What kinds of evidence can support your medical malpractice claim, and how do you position yourself to win this type of case?
Medical Malpractice as Negligence
Medical malpractice is a form of negligence. To prove a negligence claim, you must show that the defendant owed a duty to the plaintiff, that they breached that duty, and that the breach of duty actually and proximately caused harm to the plaintiff.
Medical malpractice is slightly differentiated from other negligence claims because of the circumstances and burden of proof involved. We all owe a duty to each other to take reasonable care, so that we avoid unnecessary harm and accidents. But for medical experts, this duty is greatly heightened, for public policy reasons and because of their greater knowledge.
If a medical expert like a doctor or a surgeon makes a significant error, and that error is directly responsible for additional harm, they need to be held accountable. Of course, this can be challenging to prove, as most medical experts have solid reasoning for making the decisions they make.
How exactly are you supposed to prove that your doctor didn’t act responsibly within the bounds of their profession?
Types of Evidence
These are some types of evidence that can help you:
· Your chart and medical history. First, you may be able to demonstrate certain facts by presenting your chart and medical history. What were you diagnosed with, and when were you diagnosed with it? What information did doctors have at the time, and what did they ignore?
· Transcripts of conversations. You may also be able to present transcripts of conversations that you had with medical professionals. You don’t need to present every detail of every conversation, but if you can show that you were misled or misinformed, it could greatly help your case.
· Personal testimony. You’ll also have an opportunity to testify personally. You can explain your experience throughout this process, including any pain or harm you suffered as a result of the medical error.
· Witness testimony. You may also be able to call other witnesses to provide statements or evidence. However, as many medical interactions happen behind closed doors, you may not have access to witnesses.
· Extent of damages. You and your lawyer will likely present evidence to show the extent of damages that occurred as a result of the medical malpractice. This may include other medical expenses, as well as your pain and suffering.
· Expert witness testimony. It’s typically a good idea to get a second opinion before you even consider filing a medical malpractice claim. If other medical professionals agree that medical malpractice occurred, they can be valuable expert witnesses who can provide testimony in the future.
Positioning Yourself Effectively
These are some additional strategies that can help you position yourself effectively if you feel that you have a cause of action for a medical malpractice claim:
· Hire the best lawyer. Your results depend heavily on the knowledge and expertise of your lawyer. A good lawyer can find more evidence to present and make more compelling arguments during negotiations and trials. Make sure you hire someone competent in the realm of medical malpractice.
· Remain patient. Try your best to remain patient. Medical malpractice settlement negotiations can take months or even years, but if you’re willing to buy your time and act deliberately, you can maximize your payout.
· Be covert. During the initial stages of preparing your medical malpractice claim, remain covert and anonymous. Don’t allow your doctor or hospital to become suspicious that you’re filing a lawsuit against them. This should buy you more time to adequately prepare your case.
· Gather as much evidence as possible. The burden of proof is on you in a medical malpractice claim. In other words, it’s your responsibility to show that your doctor or health care provider breached their duty. Accordingly, you’ll need to carry a preponderance of the evidence, which means you should work together as much evidence as possible in your favor.
· Be ready to negotiate. Most medical malpractice claims settle out of court, but your payout largely depends on how you negotiate. If you’re willing to be patient and strategic in negotiations, you may end up with a higher settlement offer.
Proving medical malpractice can be tricky, but if you’re successful, you could win compensation for all the damages you experienced as a result of this breach of duty. If you suspect that you’ve been the victim of medical malpractice, contact a medical malpractice attorney as soon as possible.