Malpractice Lawsuit, What Has to be Proven In Order To Win My Case?

For a malpractice lawsuit to be successful, you must demonstrate negligence on the part of the doctor, nurse, pharmacist, psychiatrist hospital, clinic or other professional. That negligence may take many forms.

In this Malpractice Guide article, we will discuss what needs to be proven in order to win your malpractice lawsuit.

Failure to Diagnose Correctly

Wrong diagnoses lead to wrong treatments or a lack of treatment altogether. Often, when the correct diagnosis has been made, the illness has become much worse and harder – if not impossible – to adequately treat.

Items Left In During Surgery

This type of surgical malpractice still happens with alarming frequency . There are many things that can be left inside following surgery including tools, tubes, gauze, clamps and more. The results of items left in during surgery include infection leading to pain, amputation or death, ongoing pain and the need for additional surgery to remove the object and treat any damage it caused.

Failure to Exercise Reasonable Care

This is a very broad category that covers many different things. Every medical specialty has a way of approaching each medical problem in a way that is generally accepted. These “best practices” spell out procedures, medications, treatments and therapy that have proven to be most successful. Malpractice literal means “bad practice.” When medical professionals do the wrong thing, they’ve committed medical malpractice.

Mistakes of Commission and Omission

It’s important to keep in mind that malpractice includes things that were done but should not have been done and things that were not done but should have been.

It is impossible for most people who are not medical professionals to know whether acts of commission or omission have occurred. That is why it is very important to get the help of a qualified malpractice attorney. He or she might not be a medical professional, but good attorneys have medical professionals they turn to for answers.

How a Medical Malpractice Attorney Will Prove Malpractice

Good malpractice attorneys uncover facts. The facts are detailed in all of your medical records. The records show what your diagnosis was originally, any changes in the diagnosis, what treatments or procedures were done, what medications you were given, etc.

Those facts can then be reviewed by a medical professional – usually a physician who is familiar with the type of medical issues you have. The physician who is consulting your malpractice attorney will point out where malpractice was committed through wrong practices or where it is the result of an important omission in your treatment.

The malpractice lawyer will then depose (a legal interview under oath) those involved to fully uncover the facts. Those facts can then be used to push for a monetary settlement from those that were guilty of malpractice or can be used in a civil trial to prove malpractice.