Ways to Prove Medical Malpractice Occurred

When a patient is injured or killed because of negligence on the part of the doctor or a related party, that person or a family member may take legal action. However, simply making a mistake does not mean that a medical professional acted in a manner that rises to the level of malpractice. How can it be proven that a patient suffered because of substandard care?

The Components of Negligence

Proving negligence means that there was a duty of care owed to the patient. This is generally established by the presence of the doctor/patient relationship. Next, there must actually be an injury caused to a patient as well as a causal link between the lack of care from a doctor and the injury. Finally, it must be shown that the doctor or another medical professional acted in a way that didn’t meet the standard level of care based on his or her expertise and access to proper diagnostic tools.

Was Informed Consent Obtained Before Treatment Began?

A patient must be allowed to give what is known as informed consent. In other words, the patient must learn of all the risks and benefits of a given procedure or course of treatment. He or she must also be told of alternatives to a planned treatment or procedure. Failure to do so is evidence of negligence and possibly battery in some cases.

A Medical Malpractice Expert Witness May Be Necessary

It is rare that a medical professional would openly admit guilt in a Medical malpractice expert witness case. Even if he or she knows that a mistake was made, a guilty verdict could cost millions of dollars as well as garner negative publicity. Health care companies are also loathe to admit their mistakes in court as it provides leverage for a patient to obtain more money in a settlement. Therefore, it may be necessary to hire an expert witness who can look at the facts of a case and provide a thorough analysis explaining that negligence occurred. This may be enough to convince a doctor or health care provider to settle the case quickly out of court.

Multiple Parties May Be Liable

If a health care provider fails to authorize a surgery that could save a person’s life while the doctor fails to mention it to the patient, both could be liable in a case. Multiple parties may also be involved if a surgeon makes a mistake during surgery and others on the team try to cover it up.

Patients may be entitled to thousands or even millions of dollars in compensation if they have been the victim of negligence. If a patient dies, his or her family members may pursue a wrongful death suit to win compensation for medical bills incurred and other final expenses.

Things You Should Know Before Considering A Medical Malpractice Case

If you want your medical malpractice suit to be taken seriously in a Canadian court, you will need to include the testimony of a medical malpractice expert witness. The facts that you present to the court will almost always be far too complex and involved for a non-medical expert to determine whether your attending physician really should be held liable for malpractice. Engaging a medical malpractice expert witness as a part of your legal strategy is the best way to prove to the court that your claims are fully legitimate.

Why You Need To Have A Malpractice Witness At Your Hearing

If you do not have a Medical malpractice expert witness at your hearing, the judge may simply dismiss the case or render an unfavorable decision based on lack of solid evidence. You’ll need to have an expert malpractice witness explain the facts of the case and render the details of the malpractice in easy to understand terms. The jury is not required to render their verdict on the basis of this opinion, but having an expert witness will certainly give you a needed extra layer of solid credibility.

What Kind Of Testimony Will An Expert Malpractice Witness Give?

A medical malpractice witness will give testimony at your trial regarding at least two very significant matters. These matters are:

  • The standard of care that you received from your attending physician.
  • Whether or not the malpractice that occurred definitely resulted in an injury.

Was The Standard Of Care You Received Insufficient?

Your medical malpractice witness will give their expert opinion to the court regarding what a competent, fully attentive physician should have done under the same circumstances. They will then give their objective opinion concerning whether the expected standard of care was lived up to. To bolster their opinion, they may make use of medical journals, medical board guidelines, and additional testimony from other doctors or medical experts.

Did The Actions Of Your Physician Lead To Malpractice?

The next step will be for your medical malpractice witness to give their testimony concerning whether or not they believe that the actions of your physician definitely led to your injury. It’s important to remember that any number of factors could have contributed to your injury, with medical malpractice being far from the only possible culprit.

This is where the professional opinion of your malpractice expert is crucial to the success of your case: The expert needs convince the judge and jury that the incompetence, oversight, or negligence of your doctor led directly to malpractice that caused your injuries. If the expert witness can convince the jury, your case is basically won.