How Do You Prove Medical Malpractice?
Suspecting that a medical professional committed malpractice, injuring you or a loved one, is incredibly frustrating. While pursuing a malpractice claim won’t reverse the clock, Larry Wall Trial Law is here to guide you in the right direction.
Knowing how to prove medical malpractice will help you determine whether to pursue legal action. Learn a few steps to prove malpractice, then consult a medical malpractice attorney in Wichita, KS, for help strengthening your case.
Understand the Grounds for Medical Malpractice
To have a solid medical malpractice case, you must prove the four elements of negligence:
- Duty of care: The medical professional owed you a duty of care (which is true if you were their patient).
- Breach: The medical professional breached their duty of care by failing to meet a reasonable standard of care when you were under their supervision.
- Causation: The medical professional’s actions directly caused a negative medical outcome.
- Damages: You suffered damages due to this negative outcome.
When determining how to prove medical malpractice, understand that the typical definition of malpractice is straying from what a reasonable medical professional would have done in the same scenario. Medical professionals often have a range of options for treating a condition, but if yours acted outside of the typical protocol, they may have committed malpractice.
Save All Communications and Documentation
Presenting compelling evidence is key to proving medical malpractice. Documentation is some of the strongest evidence you can present, and thankfully, medical professionals keep detailed records.
Contact the medical provider and request copies of all medical records in your file. Take screenshots of any messages between you and the provider. Ask for copies of any paper files or notes as well. All of these documents will help prove that the provider failed to treat you according to reasonable protocol.
Consult Other Medical Professionals About What They Would Have Done
You need to prove that the average medical professional would have acted differently than your provider did, improving your outcomes. This involves seeking testimony from medical professionals in similar positions about how they would have acted or how they did act in previous scenarios.
In addition to contacting medical professionals directly, you might want to look for evidence in medical journals and publications. Any evidence that the provider strayed from standard protocol may be helpful.
Work With an Experienced Medical Malpractice Lawyer
Collecting evidence to prove medical malpractice on your own can be overwhelming, especially if you are still recovering from the incident. Let a medical malpractice lawyer take this burden off your shoulders and improve your ability to build a strong case.
Experienced attorneys know where to find compelling evidence. They have access to resources to find medical journals and other publications that may assist your case. They will also call upon their experience with past cases to strengthen yours.
Call Larry Wall Trial Law Today
Are you ready to pursue a medical malpractice case? Larry Wall Trial Law will walk you through how to prove medical malpractice, then start building your case. Contact us today at 316-265-6000 to schedule a free consultation with our medical malpractice lawyers in Wichita, KS.