Medical Negligence Law FAQ
The toughest question of them all: How do you prove medical negligence?
How to Prove Medical Negligence
If you have been injured due to the carelessness of a doctor, nurse, or other healthcare professional, you may be eligible to file a medical malpractice lawsuit. A knowledgeable attorney can assess whether there is sufficient evidence for filing such a suit and work diligently towards seeking justice on your behalf.
The initial step in pursuing a medical malpractice claim is to prove that the provider owed you an obligation of care during treatment. This implies they had an obligation to take good care of you and act with reasonable diligence.
Duty of care
Doctors, surgeons and other medical professionals owe patients a duty of care based on professional medical standards. This standard of care refers to the degree of skill, diligence and knowledge that an experienced practitioner in similar circumstances would use.
Doctors who fail to uphold their duty of care may be held accountable for medical negligence. This is typically done by demonstrating that they failed to use the standard of care that a competent medical professional would use in similar circumstances, known as the ‘medical standard of care’.
The medical standard of care is not a predefined standard and varies based on each case. The Bolam test is often employed to determine whether a doctor has breached their duty by failing to meet this standard.
However, it can be challenging to prove a doctor’s negligence. This is because proving their course of action as logical or reasonable can be especially challenging in complex legal cases.
Direct cause
Medical professionals such as doctors, nurses and other healthcare providers owe patients a duty of care. This requires them to uphold an upstanding standard of patient care, keep patient information confidential and inform patients of potential risks associated with certain procedures.
Despite these obligations, many physicians fail to uphold the standard of care expected of them in their profession. This constitutes medical negligence and can result in patient harm.
In order to establish medical malpractice, a patient must demonstrate that their physician violated the standard of care. As this can be an intricate process, consulting with an experienced legal representative is recommended.
Causation
Proving medical negligence is a complex endeavor, as there are numerous variables to consider. However, if you believe your injury was caused by someone else’s carelessness, seek professional assistance immediately.
Medical negligence is defined as the failure by doctors to exercise due care when treating their patients. If this fails and you sustain injury as a result, then you may have grounds for making a claim for compensation.
In a medical negligence case, the key to proving causation is showing that had the negligent act not taken place, you would not have been injured. This is done through what’s known as the “but for” test.
Damages
Medical professionals owe you a duty of care when they assist in diagnosing or treating you. If they breach that duty, you may have grounds to bring about legal action against them.
Proving negligence in a medical malpractice case can be complex, often necessitating the assistance of experts. This is especially true when permanent conditions or life-altering injuries take place.
A successful claim may provide financial compensation for the physical, mental and emotional harm you have endured as a result of a doctor’s negligence. This includes money for future medical expenses, therapy services, prescription drugs, corrective surgery procedures – the list is endless!
A jury will award you damages based on your ability to demonstrate that the defendant’s actions were directly caused by their negligence, meaning it played an integral role in causing your loss or injury. In addition, noneconomic damages such as pain and suffering, loss of enjoyment of life, permanent impairment or loss of function may also be recovered.
Below you’ll discover more answers to some of the most pressing questions surrounding medical negligence:
