How Can I Prove Negligent Standard Of Care In My Medical Malpractice Case?

Were you injured during a hospital stay? Many of us are terrified of doctors — and more so of surgeries — without the threat of injury. But medical malpractice is common, and cases that stem from medical malpractice are becoming more common all over the country. Medical malpractice cases are tricky because they rely on proving the defendant was negligent in the care provided to the plaintiff. How does one accomplish this feat?

It’s not easy to prove that someone else failed to provide a normal standard of medical care — especially if you were unconscious when the mistakes led to injury. But that’s exactly what you have to do in order to win your case.

First, you need to find a second (or even third) opinion to verify what the standard of care would be for a patient’s condition. After that, the professionals must help you determine that an injury was likely caused by a medical practitioner’s mistake. This can be a challenge in and of itself because those who work in the same profession won’t want to risk throwing someone else’s career away with a few words.  

Another obstacle is the general sense of unease that you felt going into the hospital in the first place. Deep down, we all expect that there is at least the threat that something will go wrong. People make mistakes. Accidents happen. Sometimes things just don’t go our way. Because those are well established facts in a hospital, it can be difficult to place blame where it might belong.

Your case will be easy or difficult depending on the details. Did your surgeon leave a piece of gauze or a medical instrument inside your body? That’s a pretty big error, and hospitals have no real excuse. It’s too blatant to defend. That means your lawsuit will be easier.

But often the mistakes aren’t so obvious. Sometimes it comes down to a simple misdiagnosis. If a doctor misses critical details that would have reduced the chance of a long-term illness becoming much worse, then you have a strong foundation for a case. Did your doctor already have a diagnosis but fail to notify you? That’s another reason you might want to sue.

Another factor in determining the outcome of a medical malpractice case is what you desire from it. What are you looking for? An apology? Compensation for just your injuries? Or are you looking for much more? Speaking with a medical malpractice attorney about the details of your case will provide you with a much better idea of what might be achieved in court.