How is Negligence Proven in Medical Malpractice Cases?
You must show that your healthcare provider failed to meet the standard of care and that their mistake caused you harm to prove negligence in a medical malpractice claim. This means proving four key elements, including duty, breach, causation, and damages. It’s not easy, but with proper legal guidance, you can hold your negligent provider liable for your losses.
At Parham Smith & Archenhold LLC, our Greenville medical malpractice lawyers helped many injured patients and their families understand their rights and fight for justice. If you believe a doctor, nurse, or hospital made a serious mistake that left you injured, here’s what you need to know about proving negligence and how we can help.
The Four Elements You Must Prove in a Medical Malpractice Claim in Greenville
Medical malpractice happens when a healthcare provider doesn’t follow accepted medical standards, and you get hurt because of their actions or lack thereof. If another reasonably skilled provider in the same situation would not have made the same mistake, that is negligence. Your Greenville medical malpractice attorney must establish four critical elements to successfully prove negligence:
- Duty: The provider was legally obligated to treat you based on accepted medical standards.
- Breach: They did not meet those standards.
- Causation: Their mistake must have directly led to your injury.
- Damages: You were physically, emotionally, or financially harmed because of it.
One of the hardest parts of a malpractice case is showing that the doctor or hospital did something wrong. That’s where expert testimony comes in. The law requires that a qualified medical expert review your case and provide an affidavit saying that, in their opinion, your provider didn’t meet the standard of care.
For instance, let’s say you went to the ER with chest pain, and the doctor sent you home without testing for a heart attack. You collapse a few hours later. If another emergency room doctor says, “Yes, based on your symptoms, they should’ve run more tests,” that supports your claim. However, it’s not enough to show that a doctor made a mistake. You also have to prove that the mistake caused your injury.
For example, if your doctor misses a cancer diagnosis but earlier treatment wouldn’t have helped, there may be no legal causation. On the other hand, if the delay allowed the cancer to grow, causing you more pain, longer treatment, and a worse outcome, that’s different. Those are real, measurable damages, and you may be entitled to compensation for them.
How a Greenville Medical Malpractice Lawyer Can Prove Negligence
Medical malpractice cases are tough because doctors and hospitals have teams of lawyers and insurers fighting to protect them. With a Greenville medical malpractice attorney on your side, they will listen carefully to your experience and review your medical records. They will also consult with trusted medical experts who can explain exactly what went wrong.
Your lawyer will likewise look into relevant timelines, test results, and treatment decisions to build a clear, compelling picture of negligence. Their goal is to connect the dots to show how the provider’s failure led to your suffering and what that means for your future.
Let Our Seasoned Greenville Medical Malpractice Attorneys Fight for You
Whether you’re dealing with lifelong complications, overwhelming bills, or the heartbreak of losing a loved one, our Greenville medical malpractice lawyers at Parham Smith & Archenhold LLC will fight to get you the compensation and closure you deserve through a fair settlement or in-court. Arrange your no-cost case review by calling 864-432-1796 or contacting us online.