How to Prove Medical Malpractice and Build a Strong Case

Experiencing significant injuries or even losing a loved one due to a medical error can be extremely disheartening. You know that if the medical professional had acted differently, this never would have occurred. But proving that malpractice was at play isn’t always quite so simple.

An experienced medical malpractice attorney in Macon, GA, can advise you on how to prove medical malpractice. They can handle as much of the process for you as possible while you focus on your physical recovery or grief.

The Basic Elements of Medical Negligence

Proving that a healthcare professional committed malpractice requires you to establish four specific criteria:

• The provider owed you a duty of care.
• The provider breached their duty of care.
• The breach of duty directly worsened your medical condition.
• You suffered damages due to the provider’s negligence.

Healthcare professionals automatically owe their patients a duty of care. If you can establish that you were a patient of the provider, this doctor-patient relationship would be in place. Anyone who treated you, examined you, prescribed or administered medication to you, or otherwise used their medical skills to assist you in a healthcare organization would likely owe you a duty of care.

Healthcare practitioners breach their duty of care when their actions fall short of what another reasonable provider would have done in the same situation. This is one of the more challenging aspects of medical malpractice to prove. Healthcare professionals often must make decisions that are the “lesser of two evils,” and just because another provider would have done something differently does not always mean they are in the wrong.

You will then need to establish causation in malpractice, directly tying the breach of duty of care to your injuries or worsened condition. Medical records and documentation can show how the provider’s actions or inaction led to your injury.

Finally, you will need to prove damages, which are the quantifiable consequences of the provider’s negligence. These often include economic expenses like increased medical bills, but they may also include non-economic ones like pain and suffering or emotional distress.

How To Prove That a Provider Committed Malpractice

Thankfully, you do not need to know how to prove medical malpractice on your own. An experienced attorney will take care of much of this process for you. This is how they can build a strong case that clearly shows the four points above and proves the provider’s negligence:

• Pinpoint the liable party: Any number of people or parties may have been liable for your injuries. Your attorney can trace the incident to the source. For example, perhaps a nurse administered the wrong medication, but the pharmacist is the one who dispensed the incorrect med. Both professionals may be partially responsible. In many cases, you will pursue a case against the healthcare organization as a whole rather than a specific person.
• Gather medical records as evidence: Your malpractice attorney will begin gathering medical records to paint a clearer picture of how your injuries occurred. In many cases, negligence dates back years, when a provider made an error or neglected to catch a condition.
• Request expert witness testimony: One of the main ways to prove malpractice is to show that the provider violated the standard of care, meaning they acted differently than a reasonable provider would have. Your attorney can consult other medical professionals to learn how your provider strayed from the standard of care. These professionals can provide expert witness testimony to bolster your case.
• Look for informed consent forms or lack thereof: Your healthcare practitioner may have requested that you fill out an informed consent form, which acknowledges that you knew the risk of the treatment and still agreed to undergo it. If so, your attorney can analyze this form to look for any loopholes that may still allow you to bring about a negligence case.
• Refer to past cases: If the provider committed any past instances of malpractice, these can strengthen your case. Your attorney can also look for similar medical cases where the defendant was ultimately found negligent. These may have set a precedent for your own case.

Other Considerations for Strong Medical Malpractice Cases

Knowing how to prove medical malpractice is important if you want to increase your chances of success. However, your attorney will take other steps to potentially improve your case outcomes aside from gathering evidence.

Calculate Damages and Compensation in Advance

Before you initiate any claims against a healthcare practitioner, have a solid understanding of how much your case might be worth. This can help you avoid accepting the first settlement offer you receive. It can also provide a continual reminder of the severity of the provider’s actions and your need for compensation.

Your medical negligence attorney can review the circumstances of the negligence event, your medical bills, and similar cases to determine what damages you may want to seek. Keep this figure in mind as you proceed with the rest of the case.

File Before the Statute of Limitations

In Georgia, there is a two-year statute of limitations for medical malpractice. This means you should plan to file a lawsuit within two years from the date of the injury.

There are a few exceptions to this statute; for example, if you did not discover that your injury resulted from negligence until some time after the incident, the clock might not start ticking until the date of discovery.

Let Our Legal Team Assist Your Malpractice Case

If you are researching how to prove medical malpractice, your next course of action should be to contact an experienced malpractice attorney to assist you. At Dellacona Law Firm, LLC, our attorney, Tracey Dellacona, was a critical care nurse for six years before transitioning to the legal field. She has handled or helped handle over 1,000 cases since 1994.

Our team is here to help you through this overwhelming process. Allow us to provide legal advice and guidance and gather compelling evidence to support your case.

Contact us today at 478-389-0548 to schedule a consultation.