How to Prove Fault in a Medical Malpractice Case
Medical malpractice claims can occur for any number of reasons, which include everything from an incorrect dosage being prescribed to a surgical error that results in further injury. It's estimated that more than 250,000 people die as a result of a medical mistake every year. If you have recently been affected by a medical error, it's important to understand that proof must be shown if you file a lawsuit.Proving the Patient-Provider Relationship
Before delving into the injuries that occurred and the mistakes that were made, it's necessary to prove that the patient-provider relationship existed in the first place. This is usually a simple matter that involves saying that the relationship existed or showing some document that proves it. However, this aspect of a medical malpractice case is almost always inferred. In most cases, the defense won't challenge the patient-provider relationship even if it has yet to be proven.Determining the Base Standard of Care
The next step involves determining the base standard of care. When a judge looks at a medical malpractice case, they are tasked with identifying if negligence occurred. However, it's possible for things to go wrong with medical care even when a doctor or other medical professional does everything right and by the book. The difference between something going wrong during a surgery or a negligent error being made involves the level of care that the medical professional gave. If this level of care was below the standard of care that another similarly trained professional would provide, the act or omission could be considered negligent. Establishing a base standard of care usually requires testimony from expert medical witnesses. These individuals will be asked to testify about the actions that a competent medical professional would have provided in similar situations. It's important to understand that the defense can also use the testimony of medical professionals. The expert witness that you request will compare the standard of care that has been set to the details in your case to determine if the defendant was negligent. This is considered to be the most challenging aspect of a medical malpractice case. Two doctors could have different ideas of what constitutes a base standard of care. On the other hand, it's possible for the error to be so egregious that proving negligence is relatively simple and straightforward.Linking the Act of Negligence With the Injury
Once a base standard of care has been set, it's important to understand that the act of negligence will need to be linked with the injury in question. There's always a possibility that a medical professional was negligent but that the negligence itself didn't cause the injury. If a doctor provided you with an incorrect prescription and you became sick shortly after taking the medication, your sickness could be a common cold or some other medical issue that isn't related to the incorrect medication you were given. The defendant's action or inability to act will need to have caused an additional health issue or worsened a current ailment. If an attorney can prove that the act of negligence resulted in injury, you could receive a successful verdict. Keep in mind, however, that expert medical witnesses are likely needed during this stage of the process as well.
Showing Proof of Harm
A final type of proof that must be shown in a medical malpractice case involves showing proof of harm. The plaintiff in a medical malpractice case will be tasked with providing details about the harm that was caused by the negligent act. The damages you can obtain if you win this case largely depend on the severity of the injury as well as the seriousness of the mistake.
It's also important to understand that there's no set amount of compensation for medical malpractice cases in Pennsylvania. If a plaintiff prevails, the compensation they receive could be determined by a judge or by the defendant as a result of a settlement being made. There are many different forms of compensation that can be sought, including:
- Loss of future earnings
- Current lost income
- Cost of medical treatment
- Pain and suffering
- Loss of consortium
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