Statistics show that an average of 85,000 medical malpractice lawsuits are filed in the United States each year. If you feel that you have been the victim of medical malpractice, you may be entitled to financial compensation.
A skilled lawyer will work with you to obtain the compensation you deserve, but you must be able to prove that you sustained injury or damage as a result of the actions of a healthcare professional. Here are three elements you will need in order to successfully prove your medical malpractice case in the future.
1. Proof that the medical professional violated the standard of care for your condition.
In order to win a medical malpractice suit you must prove that your healthcare professional behaved in a negligent manner. The law recognizes a medical standard of care, which is the procedural definition for the manner in which a skilled and competent healthcare professional would have handled your care.
If negligence occurred, it is generally because a healthcare professional violated the standard of care for your condition. A lawyer will be able to locate expert witnesses that will help prove to the court that the standard of care was violated when evaluating the type and level of care you received.
2. Proof that the negligence caused you additional damage.
Although you might be able to prove that your healthcare professional violated the standard of care when treating your condition, it is essential that you prove this negligence caused you additional injury or damage in order to mount a successful medical malpractice case.
If the mistake made by a doctor or nurse did not result in any injury or damage outside of the normal injury and damage one would expect from treatment for your condition, then the courts likely will not award you financial compensation. An attorney will help you determine if you suffered any lost wages, emotional damages, or loss of enjoyment in life that could help you win your medical malpractice case.
3. Proof that the negligence is directly at fault for your injury.
In order for your healthcare professional to be liable for financial damages in a medical malpractice case, you must be able to prove that his or her negligence was the direct cause of your injuries. This is knows as establishing causation.
An attorney will be able to help identify any potential underlying causes for your injury (such as infection or poor aftercare), and summon expert witnesses to testify on your behalf that there is a direct link between the negligence of your healthcare professional and your injuries.
Proving injury or damage in a medical malpractice case can be tricky. Be sure that you work with a personal iinjury attorney to give yourself the best chance of receiving financial compensation for medical negligence in the future.