Proving Medical Malpractice

Atlanta, Georgia

Medical malpractice cases are highly complex, and often very difficult to prove. As a result, a very small percentage of medical malpractice victims actually receive compensation for their damages. In order to increase your likelihood of a successful outcome to your claim, you will need to work with an experienced medical malpractice lawyer who knows how to prove that your healthcare professional was negligent.

The burden of proof in a medical malpractice claim is on you. In other words, you are responsible for proving that the healthcare professional acted negligently. The doctor, nurse, or hospital does not have to demonstrate that your care was administered properly; they just have to demonstrate that you did not successfully prove your case. Fortunately, the standard by which fault must be proven is only a preponderance of the evidence, which means that more likely than not, negligence occurred.

Elements Needed to Prove Medical Malpractice

There are four elements that you must prove in order to successfully win a medical malpractice claim:

A duty was owed – This is generally the easiest element to prove. By law, there is a duty of care owed to you based on the traditional doctor-patient relationship. The medical professional has a duty to provide you with a level of care commensurate with the skill level that any reasonable doctor would have displayed under the same circumstances.
This duty was breached – You must also be able to prove that the level of care you received did not meet the standards established by the medical profession. In some cases, such as when a surgical error causes an instrument to be left inside your body after surgery, this may be easy to prove. However, in most cases this element can be much more difficult to prove, and you will need medical experts to testify on your behalf who can demonstrate that this duty was breached.
The breach caused injury – Since medical malpractice is a type of personal injury case, you must prove that the medical professional’s negligent actions directly caused you to suffer an injury. In some cases, such as when you develop an infection from a surgical device left in your body, this may be easy to prove. But often, it can be complicated to demonstrate that this breach of duty resulted in an injury. For example, if a doctor failed to diagnose cancer in a timely manner, you must prove that this delayed diagnosis caused your condition to become worse or the treatment to be more painful.
Damages were suffered – In order to receive compensation, you must also prove that you suffered damages as a result of the injury. Common damages in a medical malpractice case include increased medical expenses, lost wages, emotional distress, or pain and suffering.

Robbins & Associates Can Help

Atlanta medical malpractice lawyer Laurie Robbins has more than 30 years of experience handling these complex cases. She knows the medical issues involved, and she knows the laws which apply to your claim. Ms. Robbins works closely with medical experts in a variety of specialties who will analyze your case and provide testimony demonstrating that your injuries were the result of medical negligence.

Please contact us today to schedule your free initial consultation. Robbins & Associates serves clients in Atlanta, Georgia.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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