4 Steps for Proving Medical Negligence

When you become injured due to medical negligence, it can change your life forever. An incorrect diagnosis, dispensing the wrong medicine or failure to diagnose a serious illness can have a devastating effect on your well-being. Filing a medical negligence lawsuit can help you recover, and there are several steps to take to ensure you can prove your case, along with the help of an attorney. 

#1 Examine Breach of the Standard of Care 

While the definition of standard of care may differ slightly from state to state, the general meaning is the treatment doctors provide their patients based on their education and the technology and information available in their chosen area of study. This breach may include a lack of knowledge that led to a stalled diagnosis or misdiagnosis. Your attorney can help you define the term based on the details of your case. 

#2 Gather Documents 

Keeping detailed medical records of your care can help you prove malpractice, and when you decide to file a lawsuit, it is important that you present as many documents as possible to your lawyer that can help support your case. Treatment or surgical records, prescription history and records that detail any follow-up care may all contain possible proof of the malpractice. You may want to make copies of all available records and retain the originals unless your attorney advises otherwise, as written records are often solid sources when the burden of proof is upon you. 

#3 Document Injuries 

Documenting physical injuries can provide the court with proof of a doctor’s negligence. For example, if a failure to provide proper care after surgery causes complications, such as serious infections, documenting the injuries via photos and written statements from other medical professionals can help prove your case. Remember to include all documents, including any prescriptions provided and aftercare instructions. 

#4 Examine the Nature of the Injury 

In most cases, medical negligence lawsuits hinge on how the injury occurred and whether the issue is a common one. For example, routine surgeries are not likely to cause major problems if you are otherwise healthy and your doctor has determined you were healthy enough to undergo the procedure. Unusual problems, especially those that have far-reaching effects, may have occurred due to negligence or an absence of standard care. Your attorney can help determine whether the injury is a documented common complication. 

When you suffer a serious injury due to medical negligence, it can turn your entire world upside down and you may not know where to turn. Contact a dedicated team of hospital accident lawyers, like those from Cohen & Cohen, P.C., today for further support. 

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