Doctors and other healthcare providers are entrusted with the duty to look after the sick and provide them with the necessary treatment. However, cases of medical malpractice often occur when a patient is harmed by a doctor or any other health professional as a result of their failure to perform their medical duties. If you or your loved one are a victim of medical malpractice, you are eligible to file a compensation claim for the injuries you sustained. However, there are different things that you must prove to support your case. 

Read on to learn how you can prove a medical malpractice case. 

Existence of Doctor-Patient Relationship

First and foremost, you must prove that you had a professional relationship with the medical practitioner that you intend to sue for medical malpractice. For instance, you visited a doctor to seek treatment for your illness, and they agreed to provide the service. If the physician you are suing for medical malpractice did not treat you directly, it means that there is no relationship that existed between the two of you, and you cannot proceed with the case. 

The Healthcare Provider was Negligent

After proving the existence of a doctor-patient relationship, you must prove that they may have acted negligently while providing their medical services. If you are not happy about the service you get from the doctor, it does not necessarily mean that they are liable for medical malpractice. There are different types of injuries that entitle you to sue your medical providers for medical malpractice, which include physical pain, loss of earnings, and additional medical costs. However, you must first establish medical negligence to prove a case of malpractice by presenting the following factors in your claim: 

• Existence of duty of care- the doctor had a duty to care for you
• Breach of duty- the medical provider breached their duty to provide medical care
• Causation- the doctor’s deviation from the expected standard of care caused the patient’s injuries
• Damages- the doctor’s negligence has caused injuries. 

Types of Medical Malpractice

Different types of medical malpractice warrant a claim like failure to diagnose the patient’s illness. This type of malpractice can lead to wrong treatment that can worsen the plaintiff’s condition. Inappropriate treatment can also be considered medical malpractice if it negatively affects the patient. If the doctor fails to warn the patient of any known risks of a particular procedure like surgery, they may also be liable for medical malpractice. 

Hire an Injury Lawyer

It can be difficult to gather the necessary evidence to prove medical negligence on your own, particularly in states like Arkansas where medical malpractice cases tend to be quite complicated. If you enlist the services of an exceptional personal injury lawyer, they can investigate your case and determine if it has merit. Experienced lawyers can evaluate the weaknesses and strengths of your case using the pieces of evidence that you present as well as the proof they gather to prove liability. 

File Your Medical Malpractice Claim Quickly

You should file your medical malpractice claim soon after discovering the injury as there is a limited time that you should bring a medical malpractice claim, which is known as the “statute of limitations.” These statutes of limitations vary by state, and your case can be dismissed if you fail to meet the deadline. 

The “Res Ipsa” Doctrine

Establishing fault or wrongdoing by a qualified doctor can be challenging since it involves many things like hiring expert witnesses. The other challenge is that the defendants are the ones who write medical reports, so it might be difficult to prove them wrong. Fortunately, the laws in different states recognize the challenges that plaintiffs often experience in proving medical negligence. As a result, the “res ipsa loquitur” doctrine can be invoked if it can be established that the type of injury will not have occurred if it was not because of the doctor’s action. For example, when you visit the hospital with a specific condition, and you come out with a broken arm, the burden of proof shifts from the plaintiff to the doctor once this doctrine is invoked. 

Expert Testimony

Expert opinions are required when your case goes to trial. This means that other medical practitioners should be present at the hearing. These professionals will sit as a panel to decide if medical malpractice occurred, and their findings will then be presented in court. Also, medical practitioners with experience in the similar issue at hand should testify in court. 

Medical malpractice often occurs when a patient is harmed as a result of the doctor’s negligent action. For instance, if the doctor fails to diagnose the illness or provide the wrong treatment, they may be liable for malpractice. If you intend to file a medical malpractice claim, there are different steps that you must take to prove and win your case. It is a good idea to hire an experienced injury lawyer to increase your chances of winning your claim and receiving your rightful compensation.