The Challenges In Proving A Medical Malpractice Case
After suffering an injury because of the negligence of a healthcare provider, you can bring forward a medical malpractice claim and recover compensation. However, proving a medical malpractice case is challenging and requires special expertise for a number of reasons.
The Elements You Need To Prove in a Medical Malpractice Claim
You must prove several elements in your medical malpractice claim to recover compensation. First, you must prove that the defendant owed you a duty of care in your case. To prove that the medical provider owed you a duty of care, you need to prove that you were a patient when the malpractice occurred. You must prove that you and the healthcare professional had a provider-patient relationship.
The second element you must prove in your medical malpractice claim is that the defendant breached the duty of care. In other words, you must prove that the medical provider did not perform in a manner that another competent medical provider would have under similar circumstances. This requires expert testimony.
Third, you must prove that the defendant’s negligence is the actual cause of your injury. Just because your medical provider breached their duty of care does not automatically mean they are liable for your injuries. Their negligence must actually be the reason why you suffered your injury. In other words, you must show the existence of a direct link between your injury and the medical provider’s negligence.
Why Is It Difficult To Prove a Medical Malpractice Case?
The second element of proof in a medical malpractice case—professional negligence—is usually the hardest to prove. Proving a deviation from the standard of care requires that you retain an expert witness. Finding an expert witness willing to testify against a fellow medical professional can be challenging. However, a qualified medical malpractice attorney will be able to locate such an expert if you have a viable case. Therefore, if you believe you have a medical malpractice case, it is best that you retain a qualified medical malpractice attorney.
Contact an Atlanta Medical Malpractice Attorney
If you suffered an injury due to the negligence of a medical professional in Georgia and need help pursuing a medical malpractice claim, contact our Atlanta medical malpractice attorney at Carroll Law Firm today.