How Do You Prove Medical Malpractice?

How Do You Prove Medical Malpractice?

Everyone makes mistakes on a daily basis. It is in our nature to learn from those mistakes and evolve. Doctors are no exception; they too make mistakes, except when they make a mistake, a person may die as a result. Medical malpractice cases are very common in the United States. Every year, people get several billion dollars through medical malpractice claims. 

Medical malpractice involves:

  • A violation of the standard of care 
  • An injury caused by the negligence
  • The injury caused significant damages

If you were a victim of medical malpractice, you will need legal help in order to prove your case. Feel free to reach out to Hawaii Medical Malpractice Attorneys and schedule your consultation today.

Here Are Some Ways In Which You Can Prove Medical Malpractice:

Determining Negligence

You should always start by trying to prove negligence. This means finding evidence that will support your claim, and prove that it was the doctor’s fault or another medical worker’s fault that lead to your injuries. If you can prove that your injuries occurred as a result of a medical worker’s negligence, you may look to obtain tens of thousands of dollars in compensation.

To determine negligence, you will have to be able to prove the following:

  • The existence of a duty owed by the health professional to you (doctor-patient relationship)
  • There was a deviation in the care provided by the medical personnel (lower medical standard than usual)
  • You received injuries as a result of a lower standard of care

In some cases, it is easy to determine negligence. Such cases are:

  • The surgeon performed surgery on the wrong body part
  • The surgeon forgot a tool inside the patient’s body
  • The doctor misdiagnosed the patient
  • The doctor gave the patient the wrong type of medication
  • The patient was neglected while inside the medical facility

Remember that proving negligence is the key to win your medical malpractice claim.

Informed Consent

In almost every medical facility, there is a law that requires doctors to obtain a patient’s informed consent before administering a procedure or treatment. If the medical personnel fails to obtain a patient’s informed consent, it is a form of medical negligence and the patient will have the right to file medical malpractice. 

Note: Informed consent means explaining to the patient all the risks, benefits, causes, and alternatives to a surgical procedure, medical procedure, course of treatment, and having the patient accept it.

Contact An Attorney

You cannot win a medical malpractice case without an attorney guiding you through the process. In order to succeed, you should hire an attorney and ask for legal representation. Present to your attorney any evidence which you have gathered, and work together on your case. There are many ways in which you can support your case; speak with Medical Malpractice Attorneys in Hawaii today, and they will teach you how you can contribute to your case, without getting too involved or jeopardizing the case. And if you are in need of an experienced team of medical malpractice attorneys, feel free to give them a call.