How Attorneys Prove Medical Malpractice

Medical malpractice occurs when a doctor injures a patient due to negligence. According to John Hopkins Medicine researchers, medical errors should rank as the third major cause of death in the U.S. These researchers report that over 250,000 people die each year from these mistakes.

Additionally, over $3.6 billion was paid out in medical malpractice claims in 2014. If you’ve been injured by a doctor’s error, you may want to seek legal advice to discuss options for recovering damages.

How to Prove Medical Malpractice

medical malpractice

If you are injured by a doctor and plan to pursue compensation for medical malpractice, you must prove the following:

  • You and the doctor had a doctor-patient relationship
  • The doctor made a mistake or was negligent
  • The doctor’s mistake caused the injury

To prove these are true, a lawyer can use your medical records to establish that the doctor indeed treated you and did not just give you advice. Additionally, your lawyer might call a medical expert to testify that your doctor’s treatment or diagnosis was inappropriate or incorrect. Finally, your lawyer can ask the medical expert to state whether he believes your injury was a direct result of the doctor’s mistake.

How Much Is a Medical Malpractice Case Worth?

Part of proving medical malpractice is showing that the doctor’s mistake and the ensuing injuries cost you money, as well as mental and physical pain. Your case may depend on the following factors:

  • Lost wages. If your injury causes you to miss extra work or you lose the ability to work entirely, you may be entitled to compensation for that lost income.
  • Additional medical bills. After medical malpractice causes your injury, it’s likely you’ll need money for further treatment to correct the problem.
  • Physical and mental trauma. Medical malpractice victims often endure significant physical and emotional pain after being injured by a doctor. For this reason, you may be entitled to additional compensation.

How We Can Help

If you or a loved one suffered injuries due to a doctor’s negligence, you may be eligible for compensation. The experienced Holton Law Firm is here to help. Start a live chat with us to get started on your case.


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