Enough Evidence for a Medical Malpractice Case
Do you have enough evidence for a medical malpractice case?
We put our trust in medical professionals and when they fail us it can be heartbreaking. Suffering a personal injury due to medical negligence may rile up such frustration that we might want it to end up in court. However, the reality is that you really need a lot of solid evidence if you want to make it worth your while. Legal expenses can be very costly and you may walk away with less cash in your pocket if you don’t have sufficient evidence.
What is sufficient evidence?
The thing with medical malpractice lawsuits is that the evidence is often very technical from a medical perspective. Firstly you have to prove unequivocally that the doctor did something wrong. So you will have to have accurate information on how the procedure was supposed to be done vs. what had actually happened. The doctor’s actions will have to be compared to what one of his peers would have done in a similar situation. You will need a medical practitioner as an expert witness and specifically, one practicing in the same field as the doctor that you are suing.
You must also prove that the damages that you suffered are a direct result of the doctor’s negligence. It’s not sufficient to prove that the doctor did something wrong and that you have not healed. You have to prove that what the doctor did wrong caused the injury.
You also have to prove that a doctor-patient relationship existed at the time of the procedure because this means that the doctor had a legal duty to treat you correctly. If another doctor gave advice and this advice caused your personal injury, it’s possible that you will not be able to sue the doctor who gave you the wrong advice.