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Proving Your Medical Malpractice Case

| Category: Medical Malpractice | May 17, 2024

When it comes to medical treatment, there are no guarantees that the treatment will be successful. In addition, there are disclosed side effects and complications that the patient may experience, or recovery may simply be difficult. So if something went wrong with your medical procedure, how do you prove your case? The first step is to contact an experienced medical malpractice attorney who will know what evidence you need to prove your claim. 

Understanding the Negligence Standard in Medical Malpractice Cases

Like any other personal injury case, your medical malpractice claim will involve proving that your medical provider made a mistake on some level. However, medical malpractice claims are judged by a different standard than any other personal injury case. In a car accident, proving that the other driver was negligent often involves demonstrating things like they ran a red light or were driving while distracted. Proving negligence in most personal injury cases is intuitive, even for non-lawyers.

In a medical malpractice case, whether or not the medical provider was negligent is determined by the applicable standard of care. The standard of care is a formulation of what a medical provider with the same education, training, and experience would do when presented with the same patient with the same symptoms in the same situation. For example, a highly trained specialist at a hospital in Baltimore will be judged by a much higher standard than a general practice physician in Leonardtown who has only been practicing for a couple of years. If you were treated in the ER in Leonardtown, therefore, the standard of care would be determined by the level of care that would typically be provided in that ER by physicians and staff with the same amount of education and experience. 

Your Case Will Likely Require Expert Testimony

Establishing the relevant standard of care will likely be one of the most fundamental issues in your case. Unfortunately, only medical providers are qualified to determine what the standard of care would be in a particular case. Based on their experience, a medical malpractice attorney may be able to approximate what the standard of care would be. Ultimately, however, they will have to rely upon the opinion of an expert. 

In addition to determining the applicable standard of care, a medical expert will also be able to identify how your medical provider failed to meet that standard of care and how that failure caused you harm. 

It is important to note that medical providers who serve as experts in medical malpractice cases understand the legal process and are experienced in testifying in court. In other words, you should not plan on having just any doctor serve as an expert in your case, even if that doctor was the one whose diagnosis led you to seek legal counsel. Your medical malpractice attorney likely has a network of medical providers who regularly provide expert testimony in medical malpractice claims. 

Other Evidence You Will Need

In order for your medical malpractice claim to be successful, you will need to prove that you were harmed as a result of your doctor’s negligence. This will require the following types of evidence: 

    • Your medical records, both those surrounding the treatment that resulted in malpractice as well as your records that demonstrate your health before and after your treatment. 
    • Your medical bills, including the bills for the treatment at issue as well as any bills for treatment arising from the malpractice if you were unable to work. 
    • Documentation of your lost income such as your pay stubs and tax returns. 
    • Documentation of your pain and suffering. This may be the most difficult part of your claim to prove, which could be significant. Evidence such as a log of how the malpractice affects your life on a daily basis, statements from friends or family, or photographs or videos documenting your condition could help. 

Gathering this evidence can feel overwhelming, especially when you are in poor health. A medical malpractice attorney will be able to gather the evidence you need so that you can focus on getting better. 

Contact The Law Offices of Thomas E. Pyles to Speak with a Medical Malpractice Attorney Today

If you are the victim of medical malpractice, there is a long road ahead to getting the compensation you deserve. We can help you from the first step all the way to the end. Contact The Law Offices of Thomas E. Pyles by calling 301-705-5006 to schedule a free consultation to discuss how we can help you get fair compensation for the harm you have suffered.