How Do I Prove Medical Malpractice?

If you are planning to take a medical institution to court for malpractice, you may be worried about taking your claim to court against a doctor or hospital. These medical institutions have lawyers to ensure that their clients are not liable for medical malpractice, protecting their interests.

To even the odds and increase your chances of being compensated, don’t take on these medical institutions alone. You can instead hire an experienced medical malpractice lawyer in Kentucky. Wilt and Associates, PLLC has years of experience dealing with complex medical malpractice cases.

How to Prove Medical Malpractice

Medical malpractice cases are a bit different when compared to other cases. For a medical malpractice case to be successful the plaintiff must prove several legal elements. Without this evidence, it can be difficult to get the answers you need to recover from the damages you’ve suffered. 

If you believe you’ve suffered medical malpractice, talk to your lawyer about gathering the evidence you need to prove your claim. 

Doctor-Patient Relationship

You need to prove to the court that the doctor who is standing on trial is the one that treated you and caused the malpractice. If the doctor being sued did not treat you directly, a doctor-patient relationship does not exist.

To prove your doctor-patient relationship, take a look at your medical records. Your lawyer can help you request the records you’ll need to prove you were treated by this doctor

Negligence on the Part of the Practitioner

To prove negligence, you must prove that the standard of care was not followed. That means that the doctor made a mistake that the average person acting with care would not have made. That includes leaving medical tools behind during surgery, amputating the wrong limb, and failure to correctly diagnose you, among others. 

To prove this, we will interview other doctors to know whether the procedure could have been done differently. Their testimony can show the court that the doctor in question should have acted with more care when dealing with your condition. 

Proof of Negligence Causing Harm

You will also need to prove that the harm your doctor caused would only have occurred if there was negligence. To prove this, you will be required to show evidence of the cause of injury and that you are not responsible for the injury. 

You will also be expected to prove that the injury was caused by the instruments handled by the accused. Your lawyer can seek out expert witnesses to help you prove this.

Get In Touch With a Medical Malpractice Attorney

Proving medical negligence can be difficult and complex, especially when you’re recovering from a severe injury or illness. For this reason, you should always involve a qualified medical malpractice attorney. We will ensure that all the legal requirements for proving a medical malpractice case are met.

To discuss your medical malpractice case, get in touch with Wilt and Associates, PLLC by dialing 502-253-9110. You can also get a free consultation session by reaching out through the submission form on the website.