When you seek medical care, you trust that the medical professionals treating you will provide the best possible care. Unfortunately, medical malpractice is all too common and can be a devastating experience for patients and their families. It happens when a healthcare provider fails to provide the standard of care that is expected of them, resulting in harm or injury to the patient. It can be hard and complicated to prove medical malpractice, but healthcare providers need to be held accountable for their actions.
Steps to Prove Medical Malpractice:
1. Establish a Duty of Care
The first step in proving medical malpractice is proving that the healthcare provider had a duty of care towards the patient. This means that the healthcare provider was responsible for providing a certain standard of care. This duty of care can be shown if the healthcare provider and the patient have a doctor-patient relationship.
2. Prove a Breach of Duty
The second step is to prove that the healthcare provider breached their duty of care. This means that the healthcare provider failed to provide the standard of care that is expected of them. Breach of duty can occur for a variety of reasons, such as misdiagnosis, improper treatment, surgical errors, medication errors, failure to diagnose, and failure to warn of risks.
To prove breach of duty, it is necessary to present evidence of what a reasonably competent healthcare provider would have done in similar circumstances. Expert witnesses who work in the same medical field as the healthcare provider and have experience and knowledge in that field can provide this evidence.
3. Establish Causation
The third step is to establish causation. This means proving that the healthcare provider’s breach of duty caused the patient’s harm or injury. This can be a challenging step, especially if the patient had pre-existing medical conditions prior or had already been suffering from the illness or injury for which they sought treatment.
To prove that a healthcare provider caused the harm or injury, it must be shown that the harm or injury would not have happened if the healthcare provider had given the expected level of care. This requires expert testimony from medical professionals who can show the link between the healthcare provider’s breach of duty and the patient’s harm or injury.
4. Show Damages
The last step in proving medical malpractice is to show that the patient was hurt by the healthcare provider’s failure to do their job. These damages can include physical harm, emotional distress, loss of income, and medical expenses. To show damages, it is necessary to provide evidence of the harm or injury that the patient suffered. This can include medical records, testimony from medical professionals, and testimony from the patient and their family.
Proving medical malpractice can be a complex and challenging process. It takes a deep understanding of medical and legal standards, as well as the ability to make a strong case. If you think you or a loved one has been the victim of medical malpractice, you need to talk to and hire a knowledgeable and experienced medical malpractice lawyer.
Contact Matzus Law Today For a Free Consultation About Your Medical Malpractice Case
At Matzus Law, LLC, we seek maximum compensation for victims of negligence in Pittsburgh, Allegheny County, and across Western Pennsylvania. We have decades of experience representing clients in medical malpractice cases. We understand the complexities of these cases and have the resources and expertise to build a strong case on your behalf. We believe that patients have the right to expect a certain standard of care from their healthcare providers. When health care providers don’t do what they’re supposed to, it can have terrible effects on patients and their families. Our lawyers are skilled and experienced, and we are dedicated to getting our clients the justice and compensation they deserve. If you believe that you or a loved one has been a victim of medical malpractice, contact us today for a free consultation and let us help you seek the justice and compensation you deserve.