Proving a Medical Malpractice Claim

Jun 15, 2020

When you are ill or injured, you might trust physicians, emergency room doctors, and other healthcare professionals to provide you with the care you need. Unfortunately, healthcare providers can make mistakes that put your health at serious risk and often result in unnecessary costs for you. If a doctor engaged in medical malpractice, you should not wait to discuss a possible case with an attorney. Medical malpractice claims can be difficult to prove, but the right legal professional will know how to fight for the compensation you deserve.

What is Medical Malpractice?

If a doctor was liable for the slightest mistakes that they might make, they would be too afraid of liability to properly perform their jobs. For this reason, conduct must reach a certain level to qualify as medical malpractice and give an injured patient a legal cause of action.

Specifically, the conduct must fall below the standard of care expected of a medical professional with similar training in a similar situation. For example, if you went to see a dermatologist and were misdiagnosed, the following might be true:

If another similarly trained dermatologist would not have diagnosed your condition based on the information in front of them, it would likely not constitute medical malpractice
If another similarly trained dermatologist would have likely diagnosed your condition in the same situation, you might have a medical malpractice claim if you suffered harm from the misdiagnosis

Evidence in a Medical Malpractice Case

Proving that certain conduct fell below the standard of care for a medical professional is a technical and complex matter. It often requires the analysis of a medical expert who can provide an opinion on the matter. Most people do not have a network of experts available to them, which is one benefit of having the right medical malpractice law firm. A law firm has developed relationships with trusted experts who can persuasively support a malpractice claim.

Other evidence in medical malpractice cases can include:

Proof of your doctor-patient relationship
Medical records to show that your injuries occurred due to the malpractice
Witness testimony
Proof of your losses, such as medical bills for the treatment you received for your injuries

Do You Have a Claim?

There are many medical errors that can lead to malpractice claims, including:

Surgical mishaps
Misdiagnosis, delayed diagnosis, or failure to diagnose
Medication and prescription errors
Birth injuries
Delay of treatment
Sending patients home prematurely

If any of the above occurred and you experienced complications or injuries as a result, you should discuss your legal options with an experienced personal injury attorney. It can be difficult to know whether you have a claim without the assessment of a lawyer who regularly handles this type of case.

Speak with an Indiana Medical Malpractice Lawyer about a Possible Case Today

Medical malpractice cases are difficult to prove, and you want to be sure you have the best chance of recovering the compensation you deserve for your losses. Tanzillo Stassin & Babcock, P.C., is ready to help, so please contact us today.