If you are looking to file a medical malpractice suit, you are probably wondering what you’ll need to prove malpractice. For your claim to hold any water, you’ll first need to prove that the doctor who handled your case was negligent in their duty to you.
Before filing a medical malpractice suit, it is advisable to retain a reputable Las Vegas medical malpractice lawyer.
What You Need to Prove Medical Malpractice
To show that medical malpractice was conducted, you need to prove the following things:
1. The Existence of a Relationship Between Doctor and Patient
The first step in your claim would be to show that you and the physician had a doctor-patient relationship. You would need to prove that the doctor agreed to be hired. For instance, it is impractical to sue a doctor you overheard giving medical advice.
If the physician began seeing you and treating you for any ailment, it is much easier to prove that the doctor-patient relationship existed in the first place. You must show that the physician treated you directly.
2. Proof of Negligence
Proving negligence is a gray area. You can’t sue for malpractice just because you didn’t respond well to the prescribed medication, for example. For the lawsuit to stand in court, you would have to prove that the doctor was responsible for the injuries.
To show that a doctor was negligent in their duties, you’d need to prove that a doctor acted in a way contrary to how another doctor in the same field would have performed. The primary basis of a medical malpractice suit lies on whether the doctor acted skillfully and carefully.
For your claim to be substantial in Las Vegas, you’d need to present the court with a medical expert to discuss the standard medical care to show how the negligent physician deviated from that code of conduct.
3. The Injury Is Directly Linked to the Doctor’s Negligence
Most malpractice claims involve plaintiffs with already existing injuries. This makes it incredibly difficult to determine whether the damage was due to the doctors’ negligence or existing conditions.
A case in point is if a patient dies of cancer. It can be challenging to prove whether the patient’s death was a result of the disease or the doctor’s negligence. In a medical malpractice suit, you must show that the injury or fatality, in this case, is more likely a result of the defendant’s negligence.
In such scenarios, a medical expert would be a massive boost for your case. The expert will testify that the doctor’s substandard care caused the damage.
4. Quantifiable Proof of Damages
The next step would be to provide details of the actual damages you’ve suffered as a result of the malpractice. In medical malpractice, damages may include the total cost of additional medical bills and lost wages due to the plaintiff’s inability to work.
The damages may also cover costs for emotional trauma and physical pain that the plaintiff has had to endure as a result of the physician’s medical negligence.
Are There Any Legal Hurdles?
Filing a medical malpractice suit isn’t a walk in the park. There are various legal obstacles that the plaintiff would need to overcome for their lawsuit to succeed. The first one is to get the case past a malpractice review board.
Additionally, you’ll need to provide the court with a certificate of merit. It is wise to keep in mind that even the most straightforward of medical malpractice suits often involve intricate medical issues. For your case to prevail in court, you should get in touch with a knowledgeable Las Vegas medical malpractice lawyer for accurate advice and adequate representation.