Medical malpractice lawsuits often lead to complex litigation. To prove a case at trial, the injured person or their attorney must present evidence of several different elements. Here’s what you must show the court to have a chance of receiving an award for damages. 

How to Prove Medical Malpractice

1. Duty to Person Claiming Injury

An injured person must have been in a relationship that created a duty of care from a medical professional. Generally, a doctor-patient relationship establishes the duty of care a physician or hospital owes to the person who claims they suffered harm. For example, a surgeon has an obligation to follow safety protocol while in the operating room.

2.  Breach of Duty

There must be evidence that the care provider breached or failed to provide the duty of care owed to their patient. This breach must rise to a level that meets the medical community standards for negligence. This misconduct takes many forms, such as failing to diagnose an illness or disease, prescribing or administering the wrong medication, or giving too much anesthesia during surgery. 

3. Injury Caused by the Breach

To win a medical malpractice case, a patient must show that the care provider’s breach is the direct cause of the injury. If a patient develops a painful infection after surgery or has to undergo a second procedure to remove a medical sponge left in their body, they have evidence that proves the necessary direct causal connection.  

4. Damages Resulting From the Breach

Your medical malpractice injury must be one that can be financially compensated. Litigation attorneys use documents, physical evidence, and testimony from medical experts, lay witnesses, and the injured person to prove damages. Recovery for damages includes medical costs, loss of income, and pain and suffering.

If you suffer an injury while under the care of a doctor or hospital, Gilbert P Kaback Attorney at Law in Colchester, CT, has the litigation experience to present your medical malpractice case effectively. For over 20 years, this accomplished legal team has been advising and representing individuals throughout the area. Visit their website for more on their personal injury experience or call (860) 537-0874 to arrange a free initial consultation.