Steps to prove medical malpractice
Any person who wants to file a medical malpractice lawsuit needs to understand that proof of some things is required to increase their chances of winning. It boils down to showcasing that your doctor or any other professional in the health care profession were negligent when they were offering medical treatment or care causing the patient to suffer from harm. Below are some of the necessary steps to prove medical malpractice.
A doctor-patient relationship existed
To begin with, you will have to establish that there was a connection between the patient and the doctor. It is to say that the victim hired the professional and the professional did not object to being hired. It should be easy to prove especially for a person who has visited the doctor at their place of work and he/she went ahead to offer some treatment or diagnosis of you.
The medical professional was not competent
The primary issue here is to question whether the doctor was negligent when providing their professional services. Legally this is known as “medical standard of care” something that is imperative when it comes to the necessary steps to prove medical malpractice. To determine this, your doctor will be compared to other professionals in the same circumstances to know what he/she was supposed to do. Expert witnesses are required to take the court through the process diligently.
If the testimony is detailed enough showing what was done and what could have been done, it will go a long way to prove that your doctor was liable for medical negligence. In some cases, clinical practice guidelines that have been published by legit medical professional groups can also be used.
The patient suffered specific damage
After proving that the doctor was not competent, you will have to go ahead and paint a clear picture about the harm that was caused as a result of the negligence. These are called damages in legal terms. The damages can be categorized into:
I) General damages
These are types of sufferings that are real but cannot be quantified such as emotional trauma, physical pain, and inability to enjoy life like before.
II) Special damages
These are damages that can be quantified like medical costs for treatment, loss of wages lost because you could not work, and loss of ability to earn in the future.
III) Punitive damages
These are awarded to patients who suffer harm from outright recklessness and carelessness of the medical doctor.