Client discussing medical malpractice case with attorney

Effectively Proving You Are a Victim of Medical Malpractice

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When you seek medical care from a healthcare professional, you’re putting your health and well-being in their hands. Unfortunately, some doctors act negligently, resulting in harm you never saw coming.

If you need legal guidance with your medical malpractice case, rely on the legal team at Hunt Law. 

What is medical malpractice?

Medical malpractice occurs when a healthcare provider’s act or omission results in harm to their patient. Medical malpractice can involve multiple parties, including:

  • Doctors
  • Nurses
  • Pharmacists
  • Hospitals and other healthcare facilities

Doctors and other healthcare providers must provide a standard of care to their patients. When a medical professional fails to act as a provider with similar credentials would, they’ve likely breached their level of care and could be held liable for medical malpractice. 

If you’ve been harmed by a healthcare professional, you could file a medical malpractice lawsuit and seek compensation for your injuries and other losses. 

How does medical malpractice occur?

Medical malpractice can happen as a result of many scenarios. The most common medical malpractice cases include:

  • Failure to diagnose
  • Misdiagnosis
  • Surgical error
  • Failure to provide adequate treatment
  • Prematurely discharging a patient from the hospital
  • Issues with prescription medication
  • Birth injuries

Any of these situations can negatively affect a patient, either by causing them harm or contributing to the development or worsening of a medical condition. 

Proving You Are a Victim of Medical Malpractice

Filing a medical malpractice lawsuit against a provider requires proving that you are, in fact, a victim of medical malpractice. These cases usually require the following proof. 

Establishing That a Provider/Patient Relationship Existed

The first step is establishing that the healthcare provider treated you and that there was a provider/patient relationship. You can prove such a relationship existed with evidence like medical and hospital records. 

Proving the Healthcare Provider Acted Negligently

Establishing the provider’s liability is a critical part of a medical malpractice case. 

While medical malpractice cases can arise out of intentional acts, a majority of cases involve negligence. Negligence refers to a failure to act in a way a reasonable person would have in a similar situation.

Proving the provider’s negligence requires satisfying these elements:

  • The party owed you a duty of care
  • The party breached their duty of care
  • The breach was the cause of your harm
  • You suffered losses as a result

Medical malpractice cases are unique and often rely on the assistance of expert witnesses. Expert witnesses are usually doctors or providers with similar education and specialties as the responsible party. They can review medical records and evidence to give their expert opinions.

Establishing the liable party’s negligence gets you one step closer to recovering compensation. 

Providing Sufficient Evidence of Your Harm and Losses

Evidence is key in medical malpractice cases. Some of the most important evidence your attorney can use to help build your case include:

  • Medical records
  • Doctor notes
  • Medical bills
  • Evidence of missed work and lost wages
  • Proof of other tangible and intangible losses

Your medical malpractice attorney can thoroughly investigate your claim and determine what evidence would benefit your case best.

Discuss Your Case with a Medical Malpractice Attorney

Suffering harm at the hands of a healthcare provider can be challenging and frustrating. Financial compensation cannot fix all of your issues, but it can relieve some of the undue financial stress.

The legal team at Hunt Law understands the consequences that clients experience from medical malpractice, and we want to help make it right. Our medical malpractice attorneys give you the care and compassion you deserve while aggressively fighting to protect your rights and get compensation for you.

We proudly serve clients in Northern New Mexico and the surrounding areas. Contact us today to request a consultation.