If you’ve suffered an injury due to a doctor’s negligence, you’ll need to prove medical malpractice to win compensation. But proving negligence is no walk in the park. Modern medicine is complex, highly specialized, and sometimes causes unexpected injury even when the doctor acts with proper care and skill. But with the right strategy, evidence, and medical malpractice attorney, Louisville claimants like you can prove negligence and win a fair settlement.
How Can You Prove Medical Malpractice?
Show That a Duty of Care Was Breached
Once a medical practitioner begins treating you, they have a legal duty of care toward you. This means they must provide you with an acceptable standard of care and skill, as would be expected of any other physician in their place.
To prove negligence, you must prove that the defendant failed this duty of care by acting outside of acceptable standards. To win a personal injury case against them, you’ll need to first define this acceptable standard and then prove how they failed to meet it.
Prove Their Negligence Caused Your Injuries
You must also prove that this failure caused the full extent of your injuries and whatever other damages you’re claiming. This can be another tricky area to prove, as some of your injuries might have been pre-existing to some degree or of unclear origin.
Investigate to Clarify What Occurred
It’s essential to thoroughly investigate the incident and not rely on the investigation of the insurance company and opposing party. With complex medical negligence cases, proper investigation always requires a skillful and experienced medical malpractice attorney. Your attorney can delve into your medical records and history, the hospital records relating to your case, and details of the defendant’s prior patients.
To gain an understanding of what standards of care should be expected, they can analyze relevant healthcare procedures and regulations, comparable case studies, statistical data from across the industry, and even medical journals the practitioner should have been aware of. They’ll also consult expert witnesses. This clarity provides a foundation upon which to build a solid case.
Gather Mountains of Evidence
The success of your case all depends on the evidence your attorney can gather and present. In addition to your medical records and everything the investigation uncovered, further evidence might include all kinds of diagnostic test results, incorrect prescriptions, videos or photographs of incorrect surgical procedures, hospital records showing miscommunication between nurses and doctors, and much more.
Present Expert Witness Testimony
One of the most important sources of evidence in medical malpractice is the professional opinion of an expert witness. Expert witnesses are so important because of the specialist medical know-how required to understand and prove these kinds of cases.
An expert witness is a well-reputed medical practitioner who can explain exactly how your treatment should have been carried out and how the defendant demonstrated negligence and failed to meet their duty of care to you.
Choosing a Medical Malpractice Attorney, Louisville
When choosing your attorney, take advantage of the free consultation offered by almost all personal injury attorneys. Given the complicated nature of these cases, it’s important to hire an attorney with experience winning medical malpractice cases similar to yours. Not only will you have access to their training and expertise, but you’ll also gain access to their network of expert witnesses and other valuable resources.
Contact Winton & Hiestand Law Group today for a free initial consultation. We have over 50 years of combined experience winning the fair settlements our clients deserve.