Ask a Medical Malpractice Attorney: How Can You Prove Fault in a Case?

Medical malpractice can often be a traumatic experience, with you or a loved one suffering injury at the hands of a medical professional that you placed your trust in. But how can you prove the wrongdoing that occurred? Here’s some guidance from malpractice lawyers in Baltimore on how to establish fault and argue your case.

An important concept in medical malpractice cases is something called duty of care. This term refers to the responsibility that certain professionals have to protect people under their care. While this legal burden can apply to anyone from drivers operating motor vehicles to factory owners who need to provide safety equipment to their workers, in the case of medical malpractice, this duty relates to the relationship between a medical professional and their patients.

Documentation that proves a doctor-patient relationship is one important part of this facet of building your case. Signed agreements to undergo examinations or written forms showing the patient elected to be treated by the doctor are some forms of evidence you might be able to find.

Once you have established that the medical professional involved in the alleged malpractice had a duty of care towards the individual who was injured as a result of that malpractice, the task becomes proving that the medical professional failed to meet that duty. There are many ways that this duty might be breached, from improper use of equipment to a misdiagnosis due to gross negligence and many more.

Knowing that there was a breach of duty is one thing, but you’ll need solid proof to back that claim up. Witness testimony can be one avenue for finding evidence to support this part of your case. This can take the form of eyewitness testimony provided by other medical professionals or anyone else present when the alleged malpractice occurred to expert testimony, such as bringing in professionals to assess what might cause the injuries the plaintiff suffered from.

Now that there is clear evidence of malpractice, the next phase of arguing your case is showing the extent of the injuries caused by the malpractice. This is a vital part of your case because it determines what compensation you’re due as a result of a settlement or guilty verdict. You want to get the full value of the damages that were caused so that you can use that money to get your life back on track.

While anyone who suffers from medical malpractice may understandably feel wary about undergoing treatment again, it’s important that the injured person undergoes examinations quickly. Not only will this help to mitigate the injury and improve their quality of life, but it will also show a clear documentation of the injury that can be brought up in court. This is a vital asset in proving your malpractice case.

A malpractice lawyer’s familiarity with the laws relevant to your case can be very helpful in the initial steps of the legal process. Determining the strength of your case will help you determine whether or not it is worth investing time and resources in pursuing the case. Because you naturally have an emotional stake in what occurred, getting an unbiased, professional opinion from a lawyer is the best way to determine how to proceed.

Successfully arguing a case of any kind requires building a comprehensive body of evidence. Gathering this evidence while also dealing with the fallout of the injury you or a loved one suffered can feel like a daunting task. That’s where the assistance a lawyer can provide for you comes in. They’ll be able to use their resources to help you develop your case, preparing a strong, well-supported argument to bring to your case.

Unfortunately, knowing that you suffered malpractice isn’t enough to get the justice you deserve. Even in what might seem like a clear case to you, medical institutions can often bring their vast legal resources to bear in getting a favorable outcome for their staff. While you do have a right to represent yourself if you so choose, having the experience a lawyer offers on your side will give you the best chance of bringing your case to a favorable resolution.

Knowledge of specific laws around medical malpractice, courtroom procedure, and access to many other resources make hiring professional representation a valuable asset. Click here to learn more about medical malpractice cases and how contacting a lawyer can help you.

Understanding malpractice law and how to prove a breach of care occurred to establish fault is important in your pursuit of justice. Consulting with a lawyer is the best way to determine the strength of your case and what steps you can take to move forward.