A person in hospital bed with a loved one holding their hand and nurses looking at charts in the background.

Is Medical Malpractice Hard to Prove?

What is Medical Malpractice?

Medical malpractice, or negligence, occurs when a medical professional or other healthcare provider fails to perform a standard of care. When substandard treatment causes an injury or death to a patient, victims may recover damages through a medical malpractice lawsuit. However, it’s critical to have the proper proof when pursuing a medical malpractice claim. Here’s what you need to know.

How Can I Prove That Medical Malpractice Occurred?

To prove medical malpractice, the following criteria must be met:

There Was a Doctor-Patient Relationship

Proving you had a doctor-patient relationship means you hired the doctor, and the doctor performed medical services.

The Doctor Was Negligent

Being unhappy with a treatment does not equate to medical malpractice. When suing for medical malpractice, you must show that the doctor caused you harm in such a way that a competent doctor in the same circumstances would not have.

The Doctor’s Negligence Caused the Injury

Since patients go to the doctor because they are sick or injured, there may be the question of whether or not the doctor was negligent in causing harm. For example, if a patient dies after treatment for breast cancer, and the doctor did something careless, it may be hard to prove that the doctor’s negligence caused the death rather than the breast cancer.

When it comes to proving medical negligence, having an experienced medical malpractice lawyer in your corner to examine the evidence and enlist medical experts to testify on your behalf in establishing medical negligence happened is critical to a successful claim.

The Injury Led to Damages

If the doctor performed below the standard of care, a patient could not sue if there was no harm as a result. Patients can only sue if they experience the following:

  • Physical pain
  • Mental anguish
  • Additional medical bills
  • Lost work or loss of earning capacity

Were You a Victim of Medical Malpractice? Learn Your Rights

When medical professionals fail to perform the standard of care and cause injuries to you or a loved one, you have the right to seek justice and the maximum compensation you deserve. Our team of medical malpractice lawyers has extensive experience and will fight to ensure your rights are protected. We are here to help you get through a difficult time.

Contact Gatti, Keltner, Bienvenu & Montesi, PLC today at (901) 526-2126 to schedule a free consultation and learn how we can help you.

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