Is Medical Malpractice Difficult To Prove?

Going to our doctor, nurse or dentist is supposed to help us take care of our health. But what happens when a mistake causes your damages? Filing a claim against the parties responsible for your injuries can help you receive financial compensation for the losses you’ve suffered. 

When it comes to medical malpractice, the complexity of these cases almost always means that you’ll need the guidance of an experienced personal injury lawyer if you’re going to be successful. If you’re wondering whether medical malpractice is difficult to prove, read on for some important considerations.

What Is Medical Malpractice?

Medical malpractice is defined as the result when a medical professional or organization—such as a hospital—causes injuries to a patient, either by committing a careless action or failing to take reasonable action when required. 

Malpractice can refer to not only negligent actions causing injury but errors of omission. One example of the latter would be failing to properly interpret lab results. If a medical professional sees something on a scan or in a test result that would reasonably cause another person to act, that could be considered malpractice. Some other examples include:

• Surgical errors
• Prescribing improper medication
• Misdiagnosis
• Premature discharge
• Disregarding patient’s medical history 

Examples of medical professionals that could be held liable for malpractice include doctors, nurses, surgeons, technicians, and others. 

The Difficulty of Proving Medical Malpractice 

Malpractice claims center on three elements that must be proved for a claim to be successful. 

1. The Violation of a Duty of Care – Medical professionals are legally and ethically bound by a standard of care that characterizes their work. The patient has a right to an expectation of care consistent with the established practices of the profession. When the standard of care is not met, there may be ground for negligence. 
2. The Negligence in Question Caused Your Injuries – Doctors make mistakes, but that doesn’t necessarily mean that they’ve committed negligence. The plaintiff must be able to prove that their injuries would not have occurred without negligence. 
3. The Injury Led to Your Damages – In order for your medical malpractice claim to be successful, it’s necessary to prove the link between your injuries and substantial actual damages. 

How a Medical Malpractice Lawyer Can Help 

Medical malpractice cases are some of the most complex to litigate. Even if you feel the relationship between your injuries and the medical professional’s negligence couldn’t be clearer, you will almost certainly need the help of expert testimony in order to prove that malpractice actually occurred. 

After a close investigation of your case, a medical malpractice lawyer will then build a comprehensive legal strategy insulting your claim.

Contact a Medical Malpractice Lawyer Today

When you’ve suffered from the negligence of a medical professional, you need the help of an experienced medical malpractice lawyer to provide a solid legal case. Why leave anything to chance? The Nye Law Group will work diligently to help you secure the maximum settlement possible for your losses. 

We offer free case evaluations to medical malpractice victims—call 912-200-5230 or fill out the form below to contact a lawyer today.