How to Prove Medical Malpractice

Medical malpractice is a serious issue and can have life-altering consequences for both patients. Although the number of medical malpractice claims has decreased in recent years, it's still more common than many think. If you believe you've been the victim of medical malpractice, then it's important to understand the criteria needed to pursue a claim and the damages that may be recovered.

Criteria Needed To Pursue A Claim

To pursue a medical negligence claim, certain criteria must be met. The patient must be able to prove that:

They were owed a duty of care by a healthcare provider, such as a doctor or nurse. This means that the doctor or other health care provider was expected to provide treatment in accordance with accepted standards of practice in their field.
That this duty was breached - meaning that the health care provider did not provide an acceptable level of care
That this breach caused harm or injury.

Types Of Malpractice

Medical malpractice is a confusing and intimidating legal field but understanding the different forms of medical malpractice is critical to navigating this area of law. Medical malpractice can take many varied forms, including:

Misdiagnosis - A healthcare provider fails to diagnose an illness or condition, leading to incorrect treatment and/or a delay in treatment.
Medication errors - A doctor prescribes the wrong medication or dosage, leading to serious side effects. Medication errors can also happen during the manufacturing process.
Birth injuries - Unfortunate and avoidable injuries that can occur during delivery or labor, resulting in lifelong disabilities for the baby.
Surgical errors - This can include operating on the wrong body part or leaving surgical instruments inside a patient after a procedure.

In each case, these errors can cause serious damage and life-changing consequences, yet patients are still burdened with proving that their healthcare provider failed to meet accepted standards of care and caused them harm or injury as a result.

See Related Reading: "What is the Standard of Care?"

Consequences of Medical Malpractice

The consequences of medical malpractice can be serious and long-lasting. When a medical professional fails to provide the accepted level of quality care, often through negligence or incompetence, their patient may become seriously injured and suffer irreparable harm. Such harm can include pain and suffering, overpayment for medical bills, as well as permanent disability or death.

How to Recover Compensation for Injuries

If you believe that you have been the victim of medical malpractice, then it's important to speak to an experienced attorney or healthcare provider as soon as possible. Depending on the extent of your injuries and losses, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and potentially punitive damages.

Medical malpractice cases can be complex and challenging to prove, but by understanding the criteria needed to pursue a claim and how a medical malpractice attorney can help, victims of mistreatment can seek justice and compensation for the harm they have suffered.

Experienced Medical Malpractice in Boston, MA

At Crowe & Harris, LLP, our team of experienced medical malpractice attorneys in Boston, MA, is available to help you understand the process and determine if you have a valid case. We can review the details of your situation, explain the legal steps involved, and provide guidance on how best to proceed with your claim.

If you believe that you have been wronged due to medical malpractice, please contact us today to schedule a free initial consultation. We are here to help you seek justice and fight for the compensation that you deserve.

If you were injured as a result of medical malpractice, call us today at (617) 404-3417 or fill out our form online for a free consultation.