Baltimore Malpractice Lawyers: How Can You Prove Medical Malpractice?July 16, 2014
Medical malpractice occurs when a physician fails to competently perform certain duties and causes harm to a patient. To prove that you have been a victim of medical malpractice, it’s necessary to understand what types of evidence must be presented for the claim to succeed.
The basic requirements for proving a medical malpractice claim are as follows: (1) a relationship existed between you and your physician, (2) the physician failed to competently perform certain duties, (3) the negligence caused your injuries and (4) your injuries cost you something.
Proving that a doctor-patient relationship existed is usually simple, as long as there are medical records of your visits. Issues regarding whether a doctor-patient relationship existed typically arise only if you did not receive direct care from the physician in question. Proving negligence is often the most difficult part of a medical malpractice suit. To demonstrate negligence, you must show that your doctor deviated from the standard of care to which a competent physician would have adhered under the same circumstances.
Proving that your injury was the direct result of the doctor’s negligence can also be difficult — especially if you were sick or injured before you began seeing your physician — and often requires the use of expert testimony. Even if it can be proven that the doctor performed below the standard of care, you must also be able to show that you suffered a specific type of harm. Some of the most common types of harm are physical pain, additional medical costs, mental anguish and lost earning capacity.
If you are considering a medical malpractice claim, work with the Baltimore malpractice lawyers at LeViness, Tolzman & Hamilton, P.A. to learn more about your options and to seek the compensation you need and deserve.