Medical Malpractice: What You Need to Prove
If you think you might be in need of a Baltimore accident lawyer, you’ve come to the right place to help you decide if you have a case or not for medical malpractice!
The most important thing to know in establishing a case is that you will have to prove whether or not your doctor or another health care professional did not provide the right type of care or treatment to help you. If you suffered any kind of harm related to that, you might have a case and should contact a Baltimore accident lawyer. There are a few factors is establishing a strong case for medical malpractice.
Existence of a doctor-patient relationship
Without the existence of a doctor-patient relationship, there is no case for medical malpractice. All you need to prove this, in most cases, is proof that you were provided with some sort of diagnosis or treatment. This usually goes unchallenged. All care should be documented by the doctor or medical professional and you can obtain this proof through the clinic or hospital that treated you.
Proof of Negligent (Sub-Standard) Care
The key here is that you need to prove medical standard of care. Basically, what this means is that a doctor or medical professional is expected to perform his or her duties similarly to what any other medical professional under the same circumstances (taking into consideration the community/location where the care is taking place). You will need expert witnesses to prove your case and you should expect the defense to provide their own to attempt to disprove you. Make sure you document everything that happened and all care provided.
Link Between Care and Injury
Obviously it must be proven that the doctor’s care directly lead to your injury. Expert witnesses will also help to accomplish this. You must prove “damages” – or actual harm – which could be in the form of medical costs, loss of work/pay or mental/physical damages. This could be the hardest thing to prove and making sure you have a quality lawyer is extremely important to prove your case.
Proof by a “Preponderance” of Evidence
Basically what this means is that you must prove that each element is more than likely true. This is easier than what they expect in a criminal case, where they say you must prove things “beyond a reasonable doubt.” There are, however, specific unique hurdles in a medical malpractice suit – things like getting your case past a medical review board. You’ll want to check with your lawyer to see what exactly the standard is in Maryland. During your case, each element that you’re attempting to prove will be broken down and the court will be looking to see if there is enough evidence to prove that you were injured as a result of that medical malpractice.
The most important thing to consider is if you have a qualified and competent lawyer. If you think you have a case for medical malpractice, please consult your injury lawyer Baltimore.