HOW TO PROVE LIABILITY IN A MEDICAL MALPRACTICE SUIT

Medical malpractice suits have one of the highest settlement rates in personal injury law. Few of them ever make it to trial as the parties involved usually reach a settlement and the claims are dropped. This could be because injury sustained due to the error of a medical practitioner can easily be detected through medical forensic investigation. However, this is no reason to take it lightly. Lack of a vital piece of information or proof can get a suit thrown out.

There are three main areas through which a malpractice suit is diagnosed are failure to diagnose, wrong medication or treatment, and failure to inform the patient of possible risks of treatment. If any of these conditions are suspect, a case is established. This, however, is just the beginning. The hard part is proving the malpractice claim. Certain steps must be taken to prove, without reasonable doubt, that the medical practitioner or institute is liable for the injury.

Hire An Attorney.

In medical malpractice suits, the first course of action is to hire an excellent injury lawyer. Unlike other suits where the victim can do a little research before reaching out for a lawyer, medical cases should be handled with an attorney from the onset. The victim may be hurt or incapacitated to run around gathering evidence. The attorney will use their resources to begin investigating, gathering evidence, and build the case. For the client, having a fighting force of personal injury lawyers advising them on what to do at every point in the case and speaking on their behalf is the most comforting part of a very traumatic experience.

Get A Second Opinion.

The victim and their attorney are expected to get a second opinion from another hospital and medical practitioner who can verify the injuries the victim is claiming to have. They can also determine how the injury came about and if the doctor or hospital being accused is responsible for the injury sustained. This goes to prove that the injury is real and that it was sustained via the channel the victim claims it did.

Establish A Relationship Existed Between the Patient, The Doctor, And the Hospital.

This is the next course of action in proving malpractice and it is a very important one. The attorney must be able to prove that the client was a patient at the hospital where the injury occurred and that they had a relationship with the doctor. It must be established that the doctor was indeed hired by the patient. This can be proven through hospital records, call logs, consultation visits, and even insurance records.

Proving Negligence of The Doctor or Hospital.

The big one is proving that the doctor or the hospital where the victim sustained the damage is liable. There are several ways to go about this. The assessment from external medical practitioners, the testimony of the patient, medical records, and information garnered from questioning staff at the hospital often provide a lot of information that will help the victim’s case. Involving law enforcement and hospital monitoring and regulatory bodies in the investigation can also help to filter out who is at fault.

Conclusion.

All of these steps must be engaged if a medical malpractice case is to be proven. The evidence to back up these claims is then included in the filing. Most hospitals will quickly cave because such lawsuits are bad for the image of the hospital. Adding a strong case to this often guarantees a win.

 

Add a Comment

Your email address will not be published. Required fields are marked *

fifty − = forty seven