How Do You Prove Medical Malpractice?

On This Page

1. How to Prove Medical Negligence
2. A Doctor-Patient Relationship Existed
3. The Other Party Breached the Duty of Care Owed to You
4. The Injury Caused You Damages
5. What to Expect When a Medical Malpractice Case Goes to Trial
6. Get Help with a Medical Malpractice Claim

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

If you have been injured by your doctor or while a resident of a healthcare facility, you could be asking yourself how you prove medical malpractice. Medical malpractice is when a doctor or medical professional injures a patient due to negligence. Negligence in the medical field is not easy to prove, but it is possible.

To prove medical malpractice, you have to gather evidence of medical negligence. You will probably need to obtain testimony from a medical professional that proves your injury was not common for the situation.

For instance, if another medical professional believes that your injury was caused by subpar medical care, you could use that testimony to prove your case. Let us look at more ways to prove medical negligence.

How to Prove Medical Negligence

To prove medical negligence, there are several elements that must be met in order for your case to qualify as a medical malpractice case. You will need to prove the following:

A Doctor-Patient Relationship Existed

This element proves that a doctor had a duty of care to you, the patient. You will have to provide medical records that display that you were treated and you paid for said treatment. The visit (or visits) in question need to have occurred shortly after the accident. This way, your injuries can be connected to the accident itself.

The Other Party Breached the Duty of Care Owed to You

You need to show that you were injured because the treatment you received from a doctor or medical facility staff member was not “standard.” For instance, you may have been hurt during a surgery because your doctor was rushing.

You will have to prove that your injury occurred because the doctor’s treatment was not standard practice and would not have occurred under another medical provider’s care. You could retain the help of a medical expert to testify to the accepted standard of medical care that most doctors and nurses are expected to give.

Your Injury Was Caused by a Doctor’s Actions

The third element of a malpractice claim is causation. You have to prove that there is a direct link between the doctor’s actions and your injury. For instance, if you are getting surgery and suffer a heart attack, you have to show that the surgery itself is what caused your heart attack and not some other factor.

As discussed earlier, medical records and supportive testimony can accomplish this goal. Nurses in the room at the time of your surgery could report their experience during the time of your injury.

The Injury Caused You Damages

The fourth element of a medical malpractice claim relates to proving that you suffered damages because of your injury. Damages can include a financial award for an injury that caused you:

• Permanent injury
• Permanent damage to your health
• Lost income
• Lost ability to earn an income
• Medical costs
• Mental trauma
• Scarring
• Disfigurement
• Lost life enjoyment

You may be able to earn other forms of compensation as well, such as financial losses and pain and suffering.

What to Expect When a Medical Malpractice Case Goes to Trial

If your medical malpractice case goes to trial, your lawyer will have to prove all of the above elements of medical malpractice. Your lawyer will use various forms of evidence to prove your case.

A legal representative can collect medical evidence, such as X-rays and medical reports. They can also collect witness statements. They can use any form of evidence that helps to prove the elements of your medical malpractice claim.

Your lawyer will also add up your damages so you can receive fair compensation for all that you went through. If all of the elements of your medical malpractice claim are proved during your trial, you may win your case and receive a financial award ordered by the court.

Get Help with a Medical Malpractice Claim

If you were injured due to medical malpractice, you could be able to file a medical malpractice claim or lawsuit. Filing a claim can be a challenge, which is why you may want to recruit help from a medical malpractice lawyer. A lawyer can help you prove all of the elements of medical malpractice while you focus on recovery.

Hopefully, you are satisfied with the answer to your question of how you prove medical malpractice. For more information about filing a medical malpractice claim, call (412) 661-1400 to reach the Berger and Green team. We want to help you with your legal case. Pursue justice against the negligent party responsible for your injury.