It's About Justice

A leading medical malpractice and personal injury law firm for people
harmed through negligence.

  1. Home
  2.  » 
  3. Medical Malpractice
  4.  » How can you prove medical negligence?

How can you prove medical negligence?

On Behalf of | Jan 4, 2023 | Medical Malpractice

You cannot always get the results you hope for when you undergo medical treatment. While doctors generally do their best to give you the treatment you need, each person’s body is unique. Hence treatment that works for 90% of patients might not work out so well for you.

Yet there are definitely occasions when the reason you did not get the results you needed is that the doctor or some other medical professional made a mistake. In that case, you may be able to claim compensation for medical negligence.

You will need to show four things that occurred to have a chance of that

Firstly, you must show you are claiming against the correct person, and they had a duty of care toward you. Usually, that is fairly straightforward – they’re the doctor, and you are their patient. Yet sometimes, things are more complex. For example, what happens if the person treating you was a medical student under supervision or someone who snuck into the hospital and put on a doctor’s gown? 

Secondly, you need to show they acted inappropriately. If most other doctors in their position would have done the same, then your claim probably won’t succeed. You need to show they veered away from what would be considered normal procedures.

Thirdly, you need to demonstrate that you suffered harm. If a doctor almost cut off the wrong leg or almost gave you the wrong injection but didn’t, then be thankful that you escaped OK. You won’t, however, be able to file a compensation claim.

Fourthly, you must show the direct link between the medical professional’s mistake and the harm you suffered. Just because the two events occurred around the same time does not prove they are linked.

The law tends to err on the side of doctors in medical malpractice cases. So, to win, you will need to have a well-constructed case. Seek legal help to examine if you have sufficient grounds to proceed.


FindLaw Network