Evidence Required to Prove Medical Malpractice
Medical malpractice causes serious injury every day in Washington, D.C. To prove medical malpractice, a victim and his or her medical malpractice attorney must prove that a doctor-patient relationship existed, that a health care provider provided sub-standard care, and that such inferior care caused the patient’s injury. Keep reading to learn more about the legal evidence needed to build a malpractice case.
Doctor-Patient Relationship
The first thing your medical malpractice lawyer will need to prove is that a doctor-patient relationship existed. This element of a medical malpractice case usually goes unchallenged as long as a doctor agreed to provide some kind of diagnosis or treatment to you.
Substandard Care
If a doctor fails to use the same level of skill that another health care professional would have demonstrated under the same or similar circumstances, he or she may have committed medical malpractice. To establish a breach of the standard of care, expert witnesses, including other health care providers, will testify as to what a competent doctor should have done in the same situation. Your medical malpractice attorney may also offer clinical guidelines into evidence to establish the standard of care.
Causation
Even when showing that your doctor was medically negligent, more is needed to prove your case. Medical malpractice attorneys also need to show that the injuries you suffered were caused by the doctor or healthcare provider’s medical negligence. Your attorney will also use expert testimony by health care professionals as evidence to support causation.
Damages
Finally, your medical malpractice lawyer will present evidence that you suffered actual harm for which you should be compensated. In a medical malpractice case, damages are generally calculated according to the cost of past and future medical treatment, lost income, and emotional and physical pain and suffering.
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