How to Prove a Medical Malpractice Suit?

Answer 1

Following a death or injury from medical malpractice, even if one doesn’t want to get involved with litigation, sometimes the circumstances demand it when you are faced with financial insecurity due to exorbitant medical bills, job loss, injury, death of a spouse or a myriad of other reasons. In these cases, it is helpful to know that there is a way to recoup the losses than can be replaced, taking one burden away as you grieve those losses that cannot.

First, you will have to prove that you have a case. There are four factors in making up a case, and without even one, you will have no case. A lawyer who specializes in malpractice can assist you with proving Duty, Breach of Duty, Damages and Causation.

Once you have a case, the burden of proof still lies on you, the plaintiff. It is important to prove a standard of care, and that a doctor acted out of the reasonable service of other professionals, or to show that a health care facility was careless in their procedures, etc. There are many specialized situations that would not so easily be black and white, even when an apparently obvious mistake was made. This is one reason talking to an attorney before you pursue a case will give you a better idea of both yours and the defendants rights.

Then, all the information compiled will, in some states, go before a panel consisting usually of a judge, a lawyer and a specialist in the field, who will then review the information presented on both sides of the case and give a decision, which will then determine whether or not the case will go before a jury. This is a crucial step for having an experienced attorney, as where it goes from here will be difficult to navigate, with many possible outcomes.

Filing for a malpractice suit is not easy, but at least most cases are billed on contingency, that is, billed only if a reward is recovered from the suit. Time and experience here are invaluable - the more you put into it, the more you are likely to get out of it.