5 Steps To Proving Medical Malpractice Cases in Atlanta
If you believe you or a loved one has fallen victim to medical negligence, you probably want to file a medical malpractice claim against the negligent medical professional. However, while it might sound simple, proving medical malpractice can be challenging. Medical malpractice cases are often complicated. But with the proper knowledge and guidance, it is possible to prove a medical malpractice case. If you believe you or a loved one has fallen victim to medical malpractice in Atlanta, read on to learn about five of the most vital steps to proving your medical malpractice case.
Recognizing Medical Malpractice
If you believe you or a loved one has fallen victim to medical negligence, it is crucial for you to know what constitutes medical malpractice. Medical malpractice occurs when a medical professional deviates from the standard of care. The “standard of care” is defined as the care that would be provided by another reasonable medical professional under the same or similar circumstances. Medical malpractice includes mistakes such as surgical errors, failure to diagnose, incorrect diagnosis, unnecessary surgery, failure to order proper testing, premature discharge, anesthesia errors, improper medication or dosage, or failure to recognize symptoms.
Now, let us look at the five most crucial steps to proving your Atlanta medical malpractice case.
Establishing a Medical Professional-Patient Relationship
The first step in proving your Atlanta medical malpractice case is establishing that a medical professional-patient relationship existed between the medical professional and you or your loved one. This kind of relationship exists when a medical professional agrees to provide someone with medical care, treatment, or a diagnosis. Evidence of a medical professional-patient relationship can include medical records, medical bills, and other documentation. Proving a medical professional-patient relationship is necessary to show there was a healthcare provider who had an obligation to the patient to provide competent care.
Establishing the Standard of Care
The next step is establishing the applicable standard of care. An expert witness can help establish the standard of care the medical professional should have followed. An attorney can find an appropriate expert witness for your case.
Next, you need to prove that the medical professional failed to meet the acceptable standard of care. Failing to meet the acceptable standard of care is referred to as professional negligence or malpractice. Evidence that can help you prove negligence includes medical records, witness testimony, and expert testimony.
In an Atlanta medical malpractice case, you must prove that the medical professional’s negligence caused the injury. Proving this can be complex. An expert witness can help explain how the medical professional’s negligence caused your or your loved one’s injury. Medical records and the defendant’s own testimony can also help prove causation.
Finally, you must show the damages you or your loved one suffered due to the medical professional’s negligence. These may include the medical costs incurred due to the injury, lost wages, pain and suffering, and many more. Among the different types of evidence you can use to prove damages are medical bills, witness testimonies, and lost income reports.
Contact an Atlanta Medical Malpractice Attorney
If you or a loved one have fallen victim to medical malpractice, our skilled Atlanta medical malpractice attorney at Carroll Law Firm can help you with your medical malpractice case. Contact us today to schedule a complimentary consultation.