Medical negligence is the third leading cause of death in the US, according to the American Medical Association. In 2017, almost $3.9 billion were paid out in medical malpractice lawsuits across the country. As of now, this percentage has increased by 2.3% in 2018 and the year has not even come to a close yet. 30% of all medical malpractice cases have resulted in death. Also, the major portion, almost 34% of these cases, has been due in some part to diagnostic errors made by medical practitioners. The state of affairs is therefore evident but proving a medical malpractice claim is not easy.
There are extensive efforts involved in the case and it all relies on your ability to prove three vital elements of the case. These are discussed below. However, before we begin, it is important to note that a professional personal injury attorney can help make matters a lot easier for you. It is recommended that you enlist the services of a seasoned expert in this regard.
Proving Medical Negligence
Many patients ask whether or not they have the right to sue a medical professional for a negligence that caused them injury. While many states in the US have limited these types of lawsuits, it is still possible for patients to file medical negligence claims. However, the entire strength of the case rests on three important steps. These are:
1. Establishing the Liability
The process begins with the act of determining the liability. From the start, a medical negligence claim is quite challenging. Liability is defined as a breach of standard procedures and duty of care on part of the doctor or any other medical professional. One thing that has to be observed here is that a doctor doesn’t necessary make a mistake due to neglect. There are certain situations where an act that causes injury to a patient might be a legitimate accident.
In order to successfully prove neglect, you and your lawyer have to prove that the liability and its consequences were a result of neglect on part of the doctor. This is best ascertained by another medical professional.
2. Showing ‘Causation’
At this step, things get a little more detailed. In the first step, you have to determine that there was neglect on part of the medical practitioner and the next part is establishing causation. This entails having to prove that injury caused to you was indeed a result of the negligence. This means that a link has to be established between the negligent act and its consequences. This is a necessary step in winning a hospital negligence case.
3. Demonstrate the Losses You Suffered
The final step is to prove that the negligent act and its consequences caused you mental, physical or monetary losses. The court determines the final value of your claim which is divided into several categories. In order to receive an appropriate sum for the negligence and subsequent damages that you suffered, it is important to draft the calculations beforehand.
A medical negligence claim is quite tricky because there can be bottlenecks and substantial barriers to winning such a case. However, if you have strong evidence including medical notes, reports and testimonials from other medical professionals backing your case, you can sail through it. The most crucial element in the whole case is your personal injury attorney because he is your source of precise and effective strategies and information. Choose your lawyer wisely.
