To receive compensation in a medical malpractice lawsuit, you will need to prove a series of elements that establish the negligence of the medical professional you are holding accountable. Your attorney can help you collect the evidence and formulate the arguments necessary to successfully prove the following factors.
First, you will need to establish that the medical professional owed you a duty of care. You will have to show that the at-fault party provided treatment to you in a professional capacity, such as in a hospital or at a clinic. You cannot hold medical professionals liable if they were not treating you in a professional capacity; for example, you cannot file a claim against a doctor friend if you asked him or her for advice at a party.
Next, you will need to prove that the medical professional breached his or her duty of care and failed to uphold industry standards of care. The professional must have acted in such a way that a similarly trained and reasonably prudent professional would not have. This can take numerous forms depending on the facts of your case, such as misdiagnosis, surgical errors, prescription errors, and more. Your attorney can work with you to gather the medical evidence and consult the experts necessary to establish this element.
Third, you will need to prove that the breach of care directly caused the injuries or worsening illness you suffered. Separating your previous condition from the medical malpractice injuries can be difficult, but your attorney can help you gather the evidence you need to distinguish between the two.
Finally, you will need to establish that you suffered damages that you can collect in your lawsuit. Damages can be economic, including tangible losses such as additional medical expenses and disability accommodations. They can also be non-economic, including the pain and emotional suffering you sustained as a result of the malpractice.