When doctors or other medical professionals fail to provide an accepted standard of care, those injured by their negligence can file a medical malpractice claim. However, not every negative outcome provides grounds for a personal injury claim, and not every medical mistake constitutes negligence. There are a few different aspects to consider when you’re trying to prove a medical malpractice claim.
How to Prove a Medical Malpractice Claim
Establish a Doctor-Patient Relationship
A prerequisite for filing a medical malpractice claim is proving that you were formally a patient. If you met with the doctor in their office or a hospital, you likely have standing to file a medical malpractice claim.
Demonstrate Professional Negligence
Proving that a doctor, nurse, or hospital staff member was negligent is often the most difficult part of a successful claim. To establish liability, you must show that the health care provider failed to provide the standard of care that any other professional would. For instance, a misdiagnosis may not constitute negligence if many other similarly trained professionals would have made the same mistake. This step of the process often requires expert testimony from medical experts and a personal injury firm with extensive medical malpractice experience.
Link Their Negligence to Your Injuries
Your personal injury attorney must be able to show that you experienced some additional harm as a result of the liable party’s negligence. To counteract these claims, insurance companies often claim that the negative outcome was caused by an underlying condition, or that you could have experienced an adverse reaction regardless of the doctor’s actions.
For nearly 20 years, the personal injury attorneys at The Gil Law Firm have been fighting for the rights of accident victims throughout Georgia, Alabama, and Florida. Their consistently high level of service and commitment to their clients has made this law firm one of the top in the country, earning accolades from The National Advocates and The Jurist Institute. Visit their website for more on their personal injury services, follow their Twitter for more legal tips, or call (334) 673-0100 to speak with an attorney.