What Proof Must You Produce in a Medical Malpractice Case?

When you visit your physician’s office or enter a hospital to undergo surgical or other treatment, you expect that your doctor and everyone else on your health care team will be at least minimally qualified and capable of giving you the correct diagnosis of your illness or injury. You likewise expect that (s)he or they will then treat your condition appropriately. The last thing you expect is that someone’s negligence or wrongdoing will leave you worse off than you were before you sought medical advice and treatment.

Unfortunately, reality sometimes fails to live up to your expectations. The sad truth is that medical errors now rank as the third leading cause of death in the United States. Furthermore, the occurrences of medical malpractice Baltimore MD and elsewhere are far too common.

Those Subject to Medical Malpractice Lawsuits

If you have become the victim of medical malpractice, you have the right to file suit against the medical professional(s) who harmed you, as well as the facility or facilities for which they work. Keep in mind that you can sue virtually anyone working in the medical field, including the following:

  • Physicians
  • Psychiatrists
  • Nurses
  • Dentists
  • Pharmacists
  • Physical therapists
  • X-ray technicians

Necessary Medical Malpractice Proof

Just because you sue, however, doesn’t mean that you will win your case. In order to prevail, you will need to present clear and convincing evidence at trial of all of the following:

  • That the defendant(s) owed you a duty of care
  • That (s)he or they breached his, her, or their duty
  • That because of this breach, you suffered injury or illness
  • That the breach(es) represented the proximate cause of your injury or illness
  • That your injury or illness caused you to sustain compensable monetary damages for which the defendant(s) should pay you

Expert Witnesses

Since most lay people, including judges and juries, usually find it difficult, if not impossible, to understand medical terminology and complex medical issues, you and your attorney likely will need to hire expert witnesses to testify on your behalf and explain whatever needs to be explained in a clear and understandable manner.

Specific Care Standard Matching

Be aware that each of your expert witnesses will need to “match” one of the defendants with regard to area of practice, educational level, expertise, etc. Only such witnesses can testify about the specific standard of care the matching defendant owed you and how (s)he breached this standard.