Is Medical Malpractice Difficult to Prove?
Are you wondering whether or not your medical malpractice claim has any merit? Here, we lay out all the basics of medical malpractice lawsuits. We’ll talk about what medical malpractice is, how hard it is to prove, and the different criteria needed to prove medical negligence.
If you’re looking to get some more information on medical malpractice cases and find out if you have a case, give us a call at 602-955-0055 or read on for more information.
What is Medical Malpractice?
Medical malpractice happens when a physician fails to provide and ensure your utmost care. If your physician has behaved in a way that others would not and this behavior results in injury to you, then you may have a case for medical malpractice. Likewise, if your doctor makes some mistake during surgery, fails to properly diagnose you, or disregards your medical history, you have several legal options and may even be entitled to compensation. Here are some other examples of medical negligence:
- Incorrectly reading or disregarding laboratory results.
- Requiring unnecessary surgeries.
- Prescribing the wrong medication or dosage.
- Not following up or providing poor aftercare.
- Discharging you too early.
- Failing to order the proper tests.
Medical malpractice lawsuits are an important tool that injured victims can use to recuperate some of their lost money and health. Compensation from successful medical negligence suits can help these victims pay their medical bills as well as any other costs such as pain and suffering, lost wages, and any effects on future income.
How Difficult is it to Prove Medical Malpractice?
Medical malpractice cases are famously difficult to win. In fact, the majority of such cases are usually won by the doctor or physician being accused. Why are these cases so hard for patients to win? Well, there are actually a couple of reasons.
First, medical negligence is extremely hard to prove. Doctors, after all, know a lot — and there are many ways to deal with different medical problems that they could probably point to. Second, it’s very often that the only evidence available in a medical malpractice trial is the doctor’s notes. These notes tend to be cryptic and written in a way that is really only understood by the doctor themself.
To overcome the difficult hurdles that a medical malpractice case presents, a good lawyer needs to use testimony from expert medical witnesses, have a good grasp of medical law, and pursue an aggressive legal strategy.
Medical Malpractice Criteria — ‘The Four Ds of Medical Negligence’
To prove medical malpractice in a court of law, a lawyer has to provide evidence that all four elements of ‘The Four Ds of Negligence’ were present at the time of the incident. The four Ds are:
- Duty of Care: Proof of a doctor-patient relationship.
- Dereliction: Negligence and/or failure to provide the standard of care.
- Direct Causation: Proof that the doctor’s actions directly caused injury to the patient.
- Damages: Evidence of physical, mental, or other sufferings to the patient.
Get a Free Case Review
At Massey Law Firm we have a fantastic team that is highly experienced in medical malpractice lawsuits. We use aggressive legal strategies, work with medical experts, and have a deep understanding of these types of cases. Our team believes that it is important to hold doctors, physicians, and other medical staff responsible for their negligent actions.
If you would like us to evaluate your claim of medical malpractice, give us a call at 602-955-0055 and someone from our legal team will give you a free case review.
– Massey Law Firm, your Scottsdale Medical Malpractice Attorneys
