Patients who feel like they have been victims of malpractice will likely file a negligence suit against a medical expert or a medical institution. Most of the times such victims will seek the services of medical malpractice experts. Among the many, questions, it is essential to ask yourself as a victim, what you will have to prove. Malpractice cases narrow down to giving proof of negligence practices of the medical professional (doctors, nurses, etc.) when you were undergoing medical treatment, hence resulting in suffering or injury. It may seem quite simple. However, medical malpractice cases tend to be more complicated than they look because they make use of medical and legal knowledge interchangeably in proving the presence of negligence. Most cases will require a medical malpractice expert witness.
- Proving the existence of a relationship between the doctor and the patient
The very first thing to be dealt with is whether, there existed a patient-doctor relationship. Components of medical malpractice cases are easily proven, therefore, cannot be disputed easily. If you show to the court that there was the doctor-patient interaction, it makes the court aware that the medical professional had a professional obligation to provide the patient with competent care. This relationship can only exist if the medic agrees that he was involved in diagnosis and the treatment process of the concerned patient.
- Proving that the offered care was negligent
For a patient to establish negligence in their diagnosis or other forms of treatment they had received from a medical professional, the court will take into consideration research done on whether the professional medic violated one of the medical standards of care. The measures are used to determine the level of care offered to a patient by a skilled medical expert, in this case, the type of care that lead to the alleged malpractice. This can be done efficiently by a medical malpractice expert witness. The medical expert witness has to be a well experienced and skilled medical profession (preferably in the medical niche related to the case). He/she will be a witness for the defendant and the plaintiff. After the explanation of what a skilled doctor should have done, he/she will apply the appropriate standard care of what ought to have happened on the ground. He/she acts like the ph-scale, comparing what took place and what ought to have been done during their diagnosis and treatment session.
- Proving that the negligence ultimately resulted in physical/emotional or mental injury
Medical malpractice cases are not worn easily by merely showing that the doctor negligent and hence failed to be in the Providence of the standard medical care to you. For you to win, you need to go an extra mile of proving that the negligence did cause you suffering, injury or harm. You must be in a position to show the court that your condition worsened and/or you developed other medical issues because of the doctor’s negligence. A medical expert witness in this case too is supposed to explain the additional medical problems resulted from the negligence.
- Presenting proof of the damage or harm incurred by the patient
Submitting to the court with the details/documents stating the damage/harm or suffering you have gone through because of the malpractice is among the last things to give the court. Damages, in this case, include the incurred expenditures brought about by the negligence. The plaintiffs are, in most cases, entitled to reimbursement or compensation for the harm and suffering that was caused by the malpractice.
- Finally, all the above four elements need to be proved in court using the “Preponderance Of The Evidence.”
In the end, a patient seeking justice for medical negligence will have to make sure all the above four elements of a medical negligence case are proved before a court of law. This ought to be done using the “preponderance of the evidence.” This means that all the elements have to be true, many plaintiffs find this undertaking to be complex and complicated. Seeking the services of knowledgeable and experience malpractice lawyers/attorneys is the best shot at winning a medical negligence/malpractice case.