We recently outlined steps for starting a medical malpractice lawsuit. Let’s say you follow them. What then? What will you have to prove in order to win your medical malpractice case?
The answer is the three elements of medical malpractice: negligence, causation, and damages.
First, you have to prove medical negligence. Negligence is unreasonable conduct that causes harm to another person. Medical negligence occurs when unreasonable conduct by a healthcare provider harms a patient. You, therefore, must prove that the medical care you received was unreasonable and outside of the standard of care.
The second thing you need to prove to win your medical malpractice case is that your provider’s negligence was the cause of the damages you claim. So, if your leg was amputated, you have to prove that your provider’s negligence caused or led to your amputation. Proving causation can be tricky, as you also have to consider indirect causation. This is where a team of legal experts can be extremely valuable.
Third, you must prove damages—injuries or losses you suffered from the negligence. That may be easy enough where damages are obvious, such as loss of life or limb or loss of income. The task becomes more challenging where damages are not obvious, like chronic pain. In addition, you have to prove the amount of your damages—the value of the losses you suffered because of the negligence.
The Bell Law Firm represents clients who have suffered death or catastrophic injury in medical malpractice and other personal injury cases.