What Evidence is Needed to Make a Successful Medical Malpractice Case?
You should never have to worry about being harmed due to the careless or negligent actions of a healthcare provider. However, we know that mistakes in healthcare happen regularly. When they do, you need to know how to recover compensation for what has happened. The qualified and experienced team at Brown, Moore & Associates, PLLC is ready to investigate your case in order to secure the compensation you deserve.
What elements are needed for a medical malpractice case to be successful?
When considering whether or not to bring a medical malpractice case, your attorney will generally look for four elements (legal requirements) to be present. These include:
- The existence of duty for a healthcare provider to treat the patient.
- A breach of that duty by the healthcare provider.
- That that the breach of duty caused the patient injury or illness.
- That the patient suffered losses due to the injury or illness.
Proving that a doctor and patient had a relationship and that the doctor had a duty to care for the patient will not be difficult. However, it is often much harder to prove that the healthcare provider breached their duty to care for a patient and that the patient suffered losses.
In order to prove this, a Charlotte medical malpractice attorney will have to investigate the entirety of the case. This will include:
- Obtaining your complete medical records and having them reviewed by a trusted medical professional.
- Ensuring that you receive a thorough medical evaluation.
- Securing expert medical and economic witnesses who can calculate and testify about the extent of your losses.
Your attorney will work to prove that the standard of care provided by the healthcare professional was breached. In some cases, this will be readily apparent. For example, the removal of a limb or a foreign object left behind inside of someone after surgery is a clear breach of the standard of care. However, there are other cases in which the breach of duty may not be as clear. This can be the case for a missed diagnosis or a patient acquiring the infection after surgery.
We are ready to help you through this
If you or a loved one have been harmed due to the actions of a medical professional, you need to seek legal assistance as soon as possible. The team at Brown, Moore & Associates, PLLC is ready to handle your case. We will investigate what happened and determine the extent of your losses so we can secure the coverage you need. This can include:
- Compensation for all medical expenses related to the error(s)
- Coverage of lost income and benefits if you are unable to work
- Coverage for any counseling necessary
- Loss of enjoyment of life damages
- Pain and suffering damages
- Punitive damages against the healthcare provider/agency responsible