How Do You Prove Negligence In A Medical Malpractice Case?
To prove negligence in a medical malpractice case, you must establish that your medical provider provided subpar care that resulted in your injuries and related damages. However, it isn’t always easy to prove negligence, especially in malpractice claims, because it requires clear, solid, and compelling evidence. Due to the complex laws and procedures required to handle medical malpractice cases, if you believe that you have a valid claim, working with a reputable Greenville medical malpractice attorney is vital.
They will carefully analyze the circumstances of your claim and develop a solid strategy to prove the medical provider’s negligence and liability. Your Greenville medical malpractice lawyer will likewise seek maximum compensation, whether in or out of court, to cover the physical, financial, and emotional losses you sustained due to the provider’s negligence.
Proving The Key Elements Of Negligence In A Medical Malpractice Case
When a nurse, physician, hospital, clinic, or other medical provider delivers medical care that fails to live up to the accepted standards and injures a patient, this can be considered medical malpractice. Malpractice comes in many forms, such as surgical mistakes, misdiagnosis or late diagnosis, and medication errors, among others.
However, to recover damages from the negligent medical provider, your Greenville medical malpractice attorney must establish the following elements of negligence to prove that the medical provider’s negligent actions injured you:
Duty Of Care
Medical professionals who meet the practice standards required by their profession owe a duty of care to patients. You are automatically entitled to this duty once you establish the physician-patient relationship. To establish this relationship, your doctor must attend to your medical needs by employing the established medical standards through a physical exam, diagnosis, and treatment.
Breach Of Duty
This occurs when a medical provider’s actions diverge from the accepted medical care standards. Examples of a breach include giving the wrong diagnosis or treatment and prescribing the wrong medication. To prove a breach occurred, your Greenville medical malpractice lawyer will work with expert witnesses who can verify whether your medical provider’s actions were in line with what other competent and reasonable providers would have done under the same circumstances.
Causation
Establishing causation involves showing that you wouldn’t have been harmed if your provider delivered proper medical care. This is particularly difficult because some injuries arising from medical treatment may develop even if a provider follows the medical standards. For example, if your surgeon makes an error during your operation, you must prove that their mistake directly resulted in your injury or aggravated your condition.
Damages
You must establish that you sustained actual damages due to your medical provider’s negligence. Damages usually include medical expenses, physical pain, emotional distress, lost income, or reduced quality of life. Evidence of your damages can include your medical records, personal accounts of how your life has been negatively affected by the injury, and testimony from medical experts.
You Can Trust Our Reliable Greenville Medical Malpractice Lawyers To Fight For You
If you or someone you love has suffered an injury because of a medical provider’s negligence, contact our Greenville medical malpractice attorneys at Parham Smith & Archenhold LLC to get started on building your case right away. Dial 864-242-9008 or contact us online to schedule your free case review.