How Do You Prove Medical Malpractice?

Nobody should ever have to worry about whether or not a healthcare professional will cause them harm. Yes, sometimes mistakes occur during a medical procedure. In fact, even a perfectly performed medical procedure can still have unintended consequences. However, there are times when medical professionals make preventable errors that cause harm to patients. Here, we want to discuss how you can prove medical malpractice if you or a loved one are harmed due to a preventable medical error.

Establishing a Duty of Care

In order for a medical malpractice case to even get started, it is crucial you understand that there are various elements that need to be present for a case to be successful. This includes the following:

  1. Duty. It has to be shown that there was a duty of care established between the medical professional in question and the patient that was allegedly harmed. In general, this duty of care will be established when the provider-patient relationship is established after an initial consultation. Proving that a duty of care existed in these situations is generally not difficult.
  2. Breach of duty. The more difficult part of proving medical malpractice is showing that there was a breach of duty between the patient and the medical professional. This will involve showing that the medical provider violated the standard of medical care expected in these situations. This means examining how a similarly trained medical professional would have responded or acted in the same situation.
  3. Injury caused by the breach. If it is determined that there was a breach of duty of care, it has to be shown that this breach directly caused the injuries or illness in question.
  4. Damages. Finally, it needs to be shown that the patient suffered some sort of economic or non-economic losses as a result of the injury or illness.

What Proof Will You Need?

Evidence is going to matter in these cases. Patients are going to have to present a strong legal claim in order for a medical malpractice case to move forward. Medical malpractice claims are incredibly complex simply for the reason that modern medicine is also complex. It can be challenging for patients who sustain an injury or illness to show that they were actually the victims of malpractice.

An attorney is crucial for these claims. A medical malpractice lawyer in Irvine will be able to handle every aspect of the claim. This will include conducting an extensive investigation into the case to determine what actions to take moving forward. When building a successful medical malpractice claim in California, a medical malpractice lawyer will gather various types of evidence, including the following:

  • Medical records
  • Patient depositions
  • Witness testimony
  • Statements from expert medical professionals who examined the evidence
  • All prior claims of medical malpractice against a professional in question

We cannot overstate the importance of working with a medical malpractice attorney for these claims. The reality is that individuals harmed due to the careless or negligent actions of a medical provider are often left going up against well-funded medical professionals and agencies who have entire legal teams and insurance carriers on their side. These individuals are going to fight very hard to limit how much money they payout for a claim. If you or a loved one has suffered injuries due to a medical error, contact us today to discuss your case.