Malpractice: The Burden of Proof

Doctors and other types of healthcare providers could commit malpractice in any number of ways. However, simply accusing a doctor of malpractice or believing they are negligent is not enough to win a case against them. You need to be able to prove that the provider was at fault. Let’s look closer at what you need to do to prove that it was malpractice.

Provider-Patient Relationship

First, you will need to show that you had a relationship with the provider that creates a healthcare professional’s duty of care. When you have a relationship with them, they are required to provide you with competent care.

This tends to be one of the easiest elements to prove. If a doctor and you had an agreement of care, if the agreement to provide care could be reasonably inferred, or if care was provided without a specific or implied agreement. Because this is usually easy to establish, it doesn’t get challenged by the defense very often.

Medical Standard of Care

You also have to prove that the provider did not treat you with the same level of skill and care that someone else with similar training would have done. Proving that they did not meet the medical standard of care is paramount in a medical malpractice case.

Typically, expert medical witnesses will have to testify regarding what a reasonably skilled and competent provider would have done faced with the same situation. Often, both the plaintiff and defendant will have experts on their side.

Linking the Medical Negligence and the Injury

Not only do you need to show that the healthcare provided made a mistake that others may not have made, but you need to show that their actions or inactions cause the health condition, caused injury, or caused a condition to worsen. You need to show that the injuries aren’t because of an underlying medical condition you may have.

Proof of the Harm

You also need to provide details of the harm you experienced because of medical negligence. This will help you to get a better idea of the types of damages that might be included in the case. It might include things like the cost of treatment, loss of wages, or pain and suffering.

All of the elements above need to be proved. This can be difficult, so you will want to make sure you are working with a reputable attorney from the start. Contact the office at Grewer Law today! We have settled thousands of cases, just like yours.