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What can make a medical malpractice case difficult to win?
Medical malpractice is believed to cause some 250,000 deaths per year, according to a study conducted by researchers at John Hopkins University. This makes medical malpractice the third leading cause of death nationwide. Many Americans, unaware of the true instance of medical malpractice, would never imagine medical negligence could happen to them. For the hundreds of thousands of people who are injured or killed due to medical malpractice, seeking justice for their losses can be an uphill battle. Medical malpractice cases are notoriously difficult to win and will require that the plaintiff prove several crucial factors.
The Challenges of a Medical Malpractice Case
Medical malpractice lawsuits will bring with them several critical challenges. To start with, these cases represent the intersection of law and medicine, requiring expert knowledge in both fields. Further, a medical malpractice victim will need to overcome the challenge of establishing a convincing case that negligence existed. Proving this to the jury, who will have limited knowledge of the medical field, is difficult. Given the complexities of any medical malpractice case, it becomes critical to secure the assistance of an experienced and skilled medical malpractice lawyer.
Proving the Elements of a Medical Malpractice Case
There are four main legal elements that must be established for a plaintiff to successfully prove a medical malpractice case. The first is that the physician owed a professional duty to the patient. Any physician that has provided care to you should meet this element. Excluded would be situations like a doctor that treated a friend and you followed the instructions, to your detriment.
Next, you must prove that the doctor breached his or her duty to you. Breach of a medical duty occurs when the healthcare provider does not provide adequate care as owed to the patient. To meet this element, you will need to show that a doctor in the same field and with similar training would not have made the same mistake as was made by your physician. This element will typically require the introduction of expert witness testimony by a doctor in the field.
The next element requires proof that breach of the duty caused your injuries. Your injuries must be shown to have a direct link to the doctor’s actions or inactions. Injuries that are remotely related will not typically meet the definition of malpractice. Lastly, you must have suffered damages as a result of the doctor’s conduct. Your attorney will work to prepare a strong medical malpractice case that will meet the requisite elements and obtain the financial compensation you deserve.