How do you prove medical malpractice? To establish medical malpractice, you must demonstrate the four elements of negligence, which include duty, breach, causation, and damages.
The Chicago medical malpractice lawyers at Postman Law work tirelessly to gather evidence to develop strong arguments that can thoroughly demonstrate each element and hold physicians liable for their actions.
Begin by Establishing Your Healthcare Provider’s Duty of Care
The first element that you and your lawyer must demonstrate in a malpractice case is the doctor’s duty of care. The duty of care in medical negligence establishes the baseline level of care a doctor is responsible for providing. This should align with what you reasonably expect to receive when you go to the doctor. Since poor care can cause serious harm, physicians are generally held to higher standards.
On a basic level, a doctor’s duty of care involves providing treatments based on a thorough assessment of your condition and a correct diagnosis. They are supposed to take various facets of your medical history into account when prescribing medications or recommending protocols to avoid contraindications. Physicians should also exercise skill and caution when performing various procedures.
Postman Law investigates the expectations for care associated with the type of physician handling your treatment. We also investigate the inherent risks associated with the type of care you were receiving so we can distinguish between what was normal and what a physician was expected to do in your situation. This helps us contrast a doctor’s duty of care with how they breached it.
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Demonstrate How Your Physician Deviated from Standards and Breached Their Duty to You
The next step involved in proving medical malpractice is to show how your doctor breached their duty of care. This stage requires you to provide evidence of the specific ways your doctor failed to execute their duties or executed them incorrectly. This could look like an incorrect diagnosis, leaving tools in you during surgery, performing the wrong procedure, or prescribing the wrong medication or dosage.
Postman Law works to preserve evidence after you hire us to handle your case. We ensure evidence does not go missing or get damaged. Charts, doctor’s notes, care and staffing logs, medical tests, written prescriptions and communications, and more can be used to show the substandard level of care you received. A breach of duty can result from inaction or action, and evidence can show which.
When demonstrating a breach of duty, evidence can also show the factors that contributed to a doctor’s negligence. This could include fatigue, miscommunications, poor training, understaffing, and much more. These details provide valuable context and can strengthen the argument that your doctor violated the fundamentals of their medical responsibilities.
Show How a Doctor’s Actions Caused the Injuries You Sustained
Demonstrating that your losses directly resulted from a doctor’s actions is vital to successfully resolving your case. This step shows that your injuries could have been prevented and did not result from another type of accident. Medical malpractice cases rely on a clear link between cause and effect. Medical practitioners actively work to discredit a connection, so this element of your case must be strong.
For example, you could demonstrate that you began noticing numbness in your limbs after you had surgery. After seeking medical advice, you discover that a surgical tool was left inside your body and has been affecting nerves in the surrounding areas. In this scenario, you could provide evidence that directly establishes the correlation between the forgotten tool and the development of a new health condition.
Postman Law leverages substantial documentation, expert medical testimony, and sound strategies to establish a physician’s negligence. We also use this evidence to refute the defenses medical providers use to avoid taking responsibility. This is one of the many reasons why it’s important to have an experienced lawyer on your side during these cases.
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Provide Evidence of the Damages You Incurred Because of a Medical Provider’s Carelessness
In the final stage of how to prove malpractice, you must provide evidence of the damages you sustained as a result of medical negligence. This shows the extent of the damage a healthcare provider caused. This can include the costs of your medical care, equipment, and therapies, as well as lost income. Additionally, damages can also include pain and suffering, emotional distress, and a reduction in quality of life.
You must provide documentation of all the losses you have suffered as a result of malpractice. This not only demonstrates what you’ve suffered, but it also shows the value of such losses. Postman Law helps you determine how much your case is worth by adding up all of your damages. Since not all conditions are reversible, we also include future expenses or suffering you may continue to experience.
Damages from a medical malpractice case can be quite extensive and could entitle you to a significant sum to offset these losses. Unlike some states, Illinois does not cap your ability to recover your economic (financial) or non-economic (suffering) damages when seeking favorable case results.
Establish Medical Malpractice in a Timely Manner
Demonstrating medical malpractice is an essential part of the claim process. It can take time to build a strong case, establish negligence, and reach a fair settlement agreement. As such, it is essential to take early action to initiate your claim.
Many medical malpractice claims must be started within two years of when the injury occurred, according to 735 ILCS 5/13-212. Sometimes the onset of injuries from medical malpractice can be delayed, in which case the statute of limitations may be extended. However, no further action can be taken after four years following the injury. Reach out to Postman Law for how this applies to your case.
We Will Work Tirelessly to Establish a Healthcare Provider’s Negligence
Postman Law is highly skilled at establishing medical malpractice so you can get justice by ensuring that negligent medical providers are held accountable.
Each of these steps helps us build a strong foundation that clearly and convincingly communicates fault. Our firm can discuss this with you in more detail during your free consultation.