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The Basics of Proving a Medical Malpractice Claim

by David Zevan on Dec. 19, 2014

Accident & Injury Medical Malpractice Accident & Injury  Personal Injury Accident & Injury 

Summary: Being a victim of medical malpractice can be a physically and emotionally traumatizing experience.

Getting injured at the hands of someone who you trusted completely can leave you totally devastated and may create life-threatening medical complications. Unfortunately, medical malpractice cases are far too common in the United States. If you have been injured as a result of medical malpractice you must know that you are not alone.

Medical Malpractice Statistics

As many as 44,000 - 98,000 people are killed in the United States every year because of preventable medical errors. Almost 80 percent of medical malpractice lawsuits are a result of cases involving serious injury and death. In the year 2012, a total of $3 billion was paid out as medical malpractice compensation, which amounts to one medical malpractice payout every 43 minutes.

Proving a Medical Malpractice Claim

In order to recover compensation for the losses you have suffered as a result of the medical malpractice, you will need to prove certain things. Here are the basic things that you would have to prove in a medical malpractice claim:

• The first thing that the victim needs to prove is the doctor-patient relationship between him or her and the medical professional they are planning to file a lawsuit against. In simple terms, it means that the victim had at some point employed the medical professional to treat him or her. This also means that a friend, relative, or colleague who offered an informal medical advice cannot be held liable for medical malpractice.

• The next thing that the victim would need to prove is that the medical professional or doctor was negligent. The doctor’s negligent actions must have harmed the patient in some way, and the harm would not have occurred if the doctor had acted in a way any other competent doctor would have under similar circumstances.

• The victim would also need to prove that the doctor’s negligence caused an injury. This is a difficult thing to do in a medical malpractice case. Usually, the victim has to seek testimony from medical experts to prove that the injury indeed was caused by the doctor’s negligence.

• The final thing that the victim would have to prove is that the injury caused by medical malpractice resulted in medical expenses, physical pain, suffering, and loss in earning capacity.

St. Louis Medical Malpractice Lawyer

It is best to seek the services of a St. Louis medical malpractice lawyer who is experienced in handling the intricacies of such cases. Call Zevan and Davidson Law Firm at (314) 588-7200. We will help you prove your case and get the compensation that you deserve.

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