How to Prove Medical Malpractice

Authored by Wendy Witt, Esq.

Medical malpractice cases are negligence cases. This means that you must prove all the elements of negligence to win your case.

Indications Your Injury May Have Been Caused by Medical Malpractice

Are you asking these questions?

  • Were my injuries caused by medical malpractice?
  • Could my injury been prevented?
  • Did the physicians and medical team follow proper protocols?

Having one or more of these indications may mean that you have been the victim of medical malpractice, but it may not as well.

These questions need to be answered by your personal injury attorney. They are case specific and can only be answered after extensive research. Get good advice and find out for sure.

We wish you the very best. Good luck.

Examples of Medical and Doctor Malpractice

  • A medical professional indicates something went wrong:
    • You receive an apology.
    • You hear that something should have been done in another manner.
    • A specialty doctor visits you.
  • An emergency code was called or there was some kind of emergency during your operation or procedure:
    • If many medical personnel suddenly show up in your operating room, there was a problem.
  • During your child labor and delivery:
    • Decreased fetal heart rate, umbilical around your baby's neck, and the use of forceps or vacuum would be indications something went wrong during labor and delivery.
    • Other medical error indications may be that your baby did not cry at birth, was blue at birth, scored low on the Apgar test, or has to stay in the hospital more than one night.
    • Your baby is not permitted to stay in your room and is placed in the NICU (neonatal care unit).
    • You had a cesarean section after trying natural delivery.

Take Action Now

We do realize you have more on your plate than you likely think you can handle. We'd probably feel the same way if we walked in your shoes. However, you do need to take action and consult with a personal injury lawyer now.

Why now? What's the hurry?

  • You likely have bills piling up.
  • You may be dealing with the medical and insurance systems and could use a hand.
  • Evidence is best preserved as close to the incident as possible after all, memories fade; witnesses move, change jobs, and retire; and records get misplaced.
  • Though most cases are settled by mutual agreement, you must prepare your case as if you were going to trial.

The only way an insurance company will settle your claim fairly is if they think you can prove your case at trial and are afraid the jury will award you a lot more.

  • The doctor (or whichever medical personnel you feel is responsible for your injury) must have breached a duty to you.
  • That breach of duty an affirmative error or the failure to act caused your injury.
  • As a result, you have suffered legal damages for which you are entitled compensation (e.g. medical bills, lost wages, caretaker expenses, medical equipment, etc.)

All legal cases of time limits called "statutes of limitation". If you don't file your case within the time limit, you won't be allowed to file your case - ever. This means you will bear the full brunt of providing for your needs forever.

We know it sounds cliche, but you will actually feel increased peace of mind, be able to sleep better, and be able to care for yourself more calmly when you have the support of a personal injury attorney.

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