What You Need to Prove a Medical Malpractice Claim

Medical Malpractice Lawyers in Grand Rapids, MI

If you or a loved one were injured as a result of medical malpractice, we recommend contacting a personal injury attorney as soon as possible. A medical malpractice attorney will fight for your rights so you can receive the compensation you need to recover and move on with your life. 

What is Medical Malpractice?

Doctors and other health care providers have a responsibility to give you the care you need to recover from injury or illness. Medical malpractice happens when a health care provider doesn’t provide the standard of care expected of them, resulting in injury or death. 

Compensation for medical malpractice covers your medical bills, loss of wages, loss of future earnings, emotional trauma, and other related expenses. In order to prove medical malpractice, certain factors must be in play. Here’s what you need to know. 

1. Doctor-Patient Relationship

You need to prove that there was a doctor-patient relationship between you and the person you are suing. This is easy to prove if the doctor accepted you as a patient and began treatment. 

However, you can’t sue someone for medical advice given outside the bounds of a doctor-patient relationship. This is similar to how doctor-patient confidentiality doesn’t exist if there is not a doctor-patient relationship. If a health care provider did not accept you as a patient, you can’t sue them for medical malpractice.

2. Negligence

Doctors are expected to uphold a standard of care. The most important part of your case will be proving that your doctor did not meet this standard like any other competent doctor would. To prove your case, you will need to hire a medical expert who will be able to describe what any competent doctor would have done under the same circumstances to avoid causing you harm. 

Keep in mind that doctors are not required to provide the best possible care, but rather care that is adequate in the eyes of the law. A medical malpractice lawyer can help you hire a medical expert with the necessary experience for your case. An experienced medical expert will know how to prove fault in medical malpractice cases.

3. Injury Caused by Negligence

Not all mistakes made by health care providers end in injury. In order to prove medical malpractice, you will need to show that your injuries were caused by your doctor’s negligence. A medical expert will be able to show what any competent doctor would have done differently to avoid harming you.

4. Injury Caused Specific Damages

Can you prove that your injuries were caused by your doctor’s negligence? If so, you may have a case. Most states require you to have a medical expert, which can be good news for you. A medical expert will be able to determine if your injury was caused by your doctor deviating from the expected medical standard of care. 

In order to have a case, you must be able to prove that your doctor’s negligence caused you physical pain, emotional trauma, lost wages, or lost earning potential. If your doctor’s negligence led to more medical bills you wouldn’t have otherwise needed, you also may be able to file a claim for medical malpractice

A personal injury lawyer will advise you on what types of damages in a medical malpractice case apply to your unique circumstances.

Call Our Lawyers Today!

Attorney Jerry Beurkens at Beurkens Law will fight aggressively for your rights so you can get the financial compensation you deserve. If you are interested in setting up your free legal consultation with our Grand Rapids medical malpractice attorney, give us a call at (616) 459-5344.

This blog post has been updated.

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