In order to win your malpractice suit, you need to be able to prove the following things:
- Proof of a doctor-patient relationship
- Proof of negligent care
- Proof that there is a link between negligent care and patient injury
- Proof of harm done to the patient
Existing Relationship between Doctor and Patient
An established relationship between the patient and the doctor in question needs to be proven in malpractice cases. This can mean any sort of agreement by the doctor to treat or diagnose a medical issue. Establishing an existing doctor-patient relationship is usually the simplest aspect of your malpractice case in the eyes of the law.
Proving Negligent Care
There are certain standards of care that all medical professionals are held to. To prove negligent care, you need to demonstrate that the doctor in question did not meet those standards while you were in their care. Your treatment will be compared to the common treatment methods in the medical field to find out if it meets the current standards. If not, you can prove negligence.
Linking Negligent Care to your Injury
It does not matter if you can prove that your doctor did not meet the standards set in their medical fields if you can’t link the mistake to your injury. This is potentially the most important part of proving malpractice. If you injury can be linked to a preexisting condition, it may be used against you regardless of the doctor’s mistake. A qualified lawyer will be able to help you provide expert testimony for your case.
Proof of Patient Injury
Known as “proof by a preponderance of the evidence,” you must provide proof of harm done to you during medical treatment. In other words, you must prove your injuries were a direct result of poor medical care rather than a pre-existing condition.
For more information about how to win your medical malpractice case, give the Law Offices of Fernando Hidalgo a call in San Pablo, California, today. Our expert attorneys will fight for you so you get the settlement you deserve.