4 Requirements Plaintiffs Have To Meet To Win Malpractice Cases
Knowing what exactly you'll be expected to prove in your medical malpractice case can make it easier for you to properly formulate your arguments. There are certain steps you and your lawyer will want to go through in proving the guilt of the defendant in your case, and they involve proving four basic things.
The following are the four things that need to be proven by the plaintiff in a medical malpractice case.
1. The existence of a doctor/patient relationship between the defendant and the plaintiff
The number one thing you're going to need to prove as part of your case is that you did indeed have a doctor/patient relationship with the defendant. Generally speaking, this is going to be the easiest thing to prove that you'll have to prove as part of your case.
Any medical records you have should clearly show that you were the defendant's patient. However, you may have some trouble if you don't have any official records that specifically list the defendant as your physician.
2. The fact that the doctor/defendant committed negligent acts
The next thing that you'll need to prove is that some aspect of the treatment the defendant gave to you was negligent. To prove negligence, you're generally going to have to show that a competent doctor would have responded differently to your symptoms and condition.
In medical malpractice cases, negligence is usually proven or shown through the expert testimony of another medical professional. Most states require that another medical professional testify in a medical malpractice case and demonstrate that the "medical standard of care" was not met by the defendant.
3. The direct link between the negligence and the resulting injuries
It's not enough to simply prove that the defendant was negligent. Even if your doctor was clearly negligent in a malpractice situation, you can only win a malpractice case against that doctor if the negligence could be shown to have caused your injuries.
The resulting injury that you suffered and its direct relationship to the doctor's negligence could be proven with both medical records and the expert testimony of another physician.
4. The specific damages the plaintiff suffered as a result of the negligence and the injuries
The last thing that you need to prove as the plaintiff in a malpractice case is that there were specific damages that you incurred as a result of the injury caused by the negligence.
These damages can be both financial and physical. A defendant who is found negligent in a malpractice case will be expected to compensate you as the plaintiff for medical costs, lost wages, and physical/mental suffering. For more information, contact your local medical malpractice lawyers.