How Do You Know if You Have a Medical Malpractice Case?

What Counts as Medical Malpractice?

Doctors and health care professionals are expected to uphold a standard duty of care for their patients. Failure to meet this standard can lead to the patient suffering avoidable harm. If your case fits the criteria of a doctor or medical staff failing to meet their duty of care, you likely have a medical malpractice case.

Essentially, your case needs to involve negligence, as negligence is a key component in malpractice cases. Failing to uphold the standard duty of care or simply making critical errors in your health care would qualify your case as medical malpractice. In other words, if the doctor or medical staff had simply upheld their responsibility for your care, your injury or worsening medical condition would not have happened.

It is also important to note that being dissatisfied with the quality of your care does not count as medical malpractice. Malpractice goes beyond just having a bad doctor. The damages you suffered should be considerable.

Remember, you can only file a claim for malpractice if the damaging consequences of your injury resulted from the lack of care or negligent actions of your doctor.

How Do You Know if It Was Negligence or an Accident?

Another thing to note is the difference between an accident and true negligence. Accidents can and do happen in the medical field. True “acts of God,” unforeseen complications, and patient non-compliance can all lead to accidents that cause negative health outcomes. In these instances, it would not be accurate to concretely define them as malpractice.

Negligence happens when doctors and health care professionals fail to take the proper steps to avoid injury or issues with your health. It is the negligent act of not upholding their duty of care for their patients. This is in stark contrast to a genuine accident that occurs despite every precaution and care taken.

Common Types of Medical Malpractice Claims

There are many types of medical malpractice claims one can file:

• Failure to provide treatment promptly
• Misdiagnosis or delayed diagnosis
• Prescribing the wrong medication
• Surgical errors or procedural errors
• Childbirth injuries

Do not take this list as a one-size-fits-all. Medical malpractice is a broad category of personal injury. Every case is unique, and yours may not fit one or multiple of the categories above.

The Four Things You Need to Prove in a Medical Malpractice Case

After you have determined your case is medical malpractice, there will be four key things you will have to prove to hold the at-fault party liable for your damages.

1. A Doctor-Patient Relationship Existed

You will have to establish that a doctor-patient relationship existed. All of your evidence is a moot point if you do not show that the doctor whose negligence caused your injury was responsible for taking care of you. Showing this relationship will illustrate that the doctor was entrusted with your well-being and had an obligation to provide you with the best care possible.

2. The Provider Was Negligent

Your doctor failed to uphold this duty of care and was negligent in their actions. You will need to provide solid evidence that supports this. This aspect of your claim is the most important to prove above all else.

It is this fact that will likely be the source of contention when you file your claim for damages. The hospital and the insurance company will challenge whether or not the duty of care was breached through negligence, so you need to be well prepared for this.

3. The Negligence Caused Harm

The negligence you suffered directly led to harm. You will need to show evidence that the doctor’s negligence directly caused the injury or injuries that you sustained. By doing so, you prove that if the doctor had simply provided you with the duty of care you deserved, you would not be in the situation you are in now.

4. The Harm Led to Specific Damages

Your injuries will have led you to sustain specific damages such as:

• Lost wages and reduced earning capacity
• Loss of enjoyment of life
• Loss of consortium
• Wrongful death
• Medical expenses such as medication, hospital visits, procedures, etc.
• Pain and suffering
• Mental anguish

To recover a settlement for these damages, you will need to show that these damages were directly caused by the injury or injuries you have suffered due to your medical malpractice case.

What Kinds of Evidence Do You Need in a Medical Malpractice Case?

All this talk about providing evidence may leave you wondering what exactly it can look like. The evidence you will need for your medical malpractice case can take many forms:

• Medical Records – This includes all written correspondence regarding your diagnosis, your relationship with your doctor, medication prescribed to you, notes on your health, medical forms and waivers, and test results.
• Insurance Documents – Insurance documents that detail your medical coverage and any correspondence from your insurance company.
• Witness Statements – Testimony from witnesses who may have seen the negligent actions of your doctor can count as invaluable evidence for your claim.
• Photographs or Videos – Document all of your injuries with photographs and videos if possible. This can be used as visual evidence to illustrate the damages and injuries you sustained.
• Death Certificate and Autopsy Report – If you lost your loved one due to malpractice, a copy of their death certificate and autopsy report will be crucial evidence to prove negligence led to their death.

Evidence can take many forms. This is only a small list to help you get started in collecting evidence for your claim. You must document everything and keep all your evidence organized and safe as soon as you can, as evidence can be time-sensitive or lost.

How Can a Lawyer Help in a Medical Malpractice Case?

A medical malpractice lawyer can help you with your case in several ways:

• Filing Your Claim – While you rest and recover from your injury, a lawyer will handle all of the legal paperwork for you and meet all the deadlines.
• Gather Evidence – A lawyer will review your case and help you gather all of the evidence necessary to fight for your settlement. A lawyer will also ensure that your evidence is kept safe and well-organized.
• Calculate Your Damages – Calculating medical expenses is relatively straightforward, but what about damages like pain and suffering or mental anguish? An experienced medical malpractice lawyer will help you break down all of the damages you have sustained and factor them into your settlement amount accurately, ensuring nothing gets lost.
• Represent Your Best Interests – With a lawyer by your side, you will have the strength to challenge lowball settlement offers or the insurance companies representing the hospital and the negligent doctor. A lawyer will ensure that your best interests are represented at all times throughout the negotiation process.

Even though you can file a claim on your own, doing so puts you at an extreme disadvantage. Doctors and hospitals often have lawyers on their side and will try to get you to settle for far less than what you deserve. Many medical malpractice victims, unfortunately, get bullied in this way.

By having a lawyer who is experienced in medical malpractice cases by your side, you can fight for your settlement with confidence.

Reach Out to a Medical Malpractice Lawyer for Help with Your Case

If you are a victim of medical malpractice, know that you do not have to fight for your settlement on your own. With an experienced and dedicated lawyer, you will give yourself the means to stand up to the insurance company, hospital, and at-fault doctor. Do not settle for less.