Like in most other personal injury claims, in a medical malpractice claim, the burden of proof is on the plaintiff, or person filing the lawsuit. That burden requires you to show that the defendant, or healthcare professional, was most likely negligent and committed medical malpractice. In order to do this, you must prove four different elements:
The first is that a doctor-patient relationship existed between you and the healthcare professional. This means that you asked for treatment, and the doctor agreed to treat you. This element of proof does not require you to have had a longstanding relationship with the healthcare professional. Even going to an emergency room establishes the relationship because they have already agreed to see whoever came in.
The second element you must prove is that the doctor was negligent. This will form the basis of the lawsuit. It’s important to understand that negligence does not simply mean you were unhappy with the results. Sometimes treatment isn’t successful, and there was no medical malpractice. The doctor must have been negligent or failed to act in a manner another reasonable professional would have.
The third element to prove is that the doctor’s negligence caused the injury. This is sometimes difficult because when a person sees a doctor, he or she is often already injured or sick to a degree. You must show that the injuries caused were a direct result of the negligence and not another condition. For example, if a patient is being treated for cancer but passed away due to a doctor’s negligence, it can be difficult to prove that the death was due to negligence, and not cancer.
Lastly, you must show that the injury caused you certain losses or damages. Without damages, there is nothing to compensate for, and therefore, there is no case.