When you file a medical malpractice lawsuit, you must prove that the medical professional was negligent to win your case. The same test to establish negligence that applies in every personal injury case will be used to determine whether the doctor committed medical malpractice.
If you can establish each of these four elements, you can be entitled to financial compensation. A medical malpractice attorney can investigate your case and work with expert witnesses to establish that the doctor did something unreasonable under the circumstances, which constitutes malpractice.
Seek a free consultation with a medical negligence lawyer now to discuss a possible case.
Proving Your Medical Malpractice Case
In the standard personal injury case, the following four elements prove negligence:
- Duty
- Breach
- Injury
- Causation
The 4 D’s are a restatement of this traditional test. In the medical malpractice context, the four D’s are as follows:
- Duty
- Deviation
- Damages
- Direct Causation
You must prove every single one of these elements to win your case. The failure to demonstrate even one of them means you will likely be unsuccessful in your lawsuit.
Medical Professionals Owe You a Duty of Care
When a medical professional provides services to you, they take on a duty of care that they owe you. The nature of their relationship demands this because you are putting your health and safety in their hands. Specifically, the duty of care is that the doctor should act as a reasonable medical professional under the circumstances.
Doctors are not expected to be perfect, nor are they held to the standards of the foremost experts in their field. Instead, they must act like a reasonable and similarly trained medical professional should have in providing you with treatment.
Unfortunately, not every medical professional carries out their job in a way that upholds their duty of care. Whether the doctor was distracted, uninformed, or just plain careless, their failure to uphold the duty of care can result in serious consequences.
Proving Deviation from the Duty of Care
You must prove that the medical professional actually deviated from the standard of care, which is not always an easy task. It may be difficult to recreate the exact circumstances the doctor faced to demonstrate exactly what they should have done and how they failed to act reasonably. Moreover, juries may naturally respect medical professionals as experts, and they may not want to second guess the doctor’s decision.
Your lawyer can establish deviation through the use of expert witness testimony. Your medical malpractice lawyer can begin by reviewing your medical records and providing them to an expert. The expert is well-regarded in the field, and they are in a position to give an influential opinion by virtue of both their experience and methodology. The expert witness will state exactly what the doctor should have done under the circumstances.
Your medical malpractice attorney can also speak to the doctor themselves to hear about what they did in their own words. The lawsuit process allows for the discovery of evidence, meaning that you can obtain any proof in the defendant’s hands. Hearing from the doctor directly about their actions can help you build a strong case. Your medical malpractice lawyer can also speak with other witnesses who might shed light on what happened at the time that you were receiving careless medical care.
Proving Damages from Medical Malpractice
It may be less challenging to show that you have suffered some type of injury. Even having to receive further medical treatment because of the malpractice, which is an injury in itself. Anytime your physical health has worsened after medical negligence, it can suffice to show an injury. You might have suffered financial loss, physical harm, and emotional distress. All of this counts as damages due to medical malpractice.
The Challenges in Proving Direct Causation
Direct causation may be a more challenging part of your case. You must show the medical negligence was actually the cause of your injury. Not every unexpected or adverse medical result directly results from what the doctor did. The surgery you had may not have been successful anyway, or your condition may not have necessarily improved with a timely and correct diagnosis of your condition. You might have to engage in the scenarios of what may have happened if the doctor had provided you with reasonable care in the face of claims that their mistake did not make any difference.
Again, an expert witness is crucial to prove direct causation. They will be well-versed in your condition and understand the impact of what the doctor did or did not do. They can offer an opinion that your condition would not have worsened had the medical professional provided appropriate care.
You Need a Medical Malpractice Attorney for Your Case
It is no wonder that medical malpractice cases are among the most challenging types of personal injury actions. These cases can be very scientifically intensive, requiring you to produce evidence that breaks the situation of your lawsuit being your word against the doctor’s. However, you should not hesitate to seek justice and accountability when injured by substandard medical care because that is how you may be compensated.
A medical malpractice attorney will handle your case from beginning to end. They are the ones who stand up for your legal rights every step of the way. Medical professionals are not perfect, and they should be held to account when they cause serious injuries due to their negligence. Then, you should be entitled to a substantial amount of compensation that covers both your direct financial losses and the physical and emotional impacts of your injuries. There is even a chance that you may qualify for punitive damages if you take your case to a trial and win.
However, to start the process, you should consult a medical malpractice attorney as soon as possible. There are often short timelines to give notice of a potential lawsuit in medical injury cases, so time is oft he essence. Contact a McLean, VA personal injury law firm near you for free today.