Evidence You Need to Prove Medical Malpractice
Medical malpractice covers a wide variety of harmful actions committed by doctors and other healthcare professionals. However, many people confuse malpractice with system errors and adverse events, which are not considered negligence. Negligence is when a person fails to act or breaches the duty of care laid out by the health profession.
To prove damages in court, you will need evidence of your doctor’s duty, what was breached, how this connects with your injuries, and the damages you suffered. A Syracuse medical malpractice attorney can help you collect this evidence.
How to Recognize Malpractice
Malpractice is often mixed up with adverse events and system error. Adverse events are unpredictable events that can cause injuries to patients. No trained health care professional can predict events like allergic reactions, infections, or the sudden onset of seizures. The doctor would have no way of knowing such events could occur and is, therefore, not responsible. This stands up in court as long as the patient did not list allergies or a history of seizures in the intake form or during the diagnostic interview.
System errors are genuine mistakes that happen simply because health care professionals are human, too. No one can avoid occasional mistakes. The most common instance of system error is misreading the dosage amount of medicine to give a patient. As long as the mistake is not intentional, most doctors are not deemed negligent in court.
Evidence Needed for Proving Negligence
Medical malpractice has certain prerequisites that need to be fulfilled before compensation can be awarded. First, your lawyer will look for evidence of a professional relationship between you and your doctor. Once a professional relationship starts, your doctor is expected to uphold a certain standard of care. This is a legal duty in which all health care professionals are expected to provide patients with adequate treatment while reducing the possibility of harm.
Malpractice is said to occur when this duty is breached by your doctor or a healthcare professional. Your lawyer may involve expert witness testimony as evidence of this breach.
Next, your lawyer will attempt to prove the existence of a causal relationship between the breach of duty and the injuries you suffered. Your injuries may be proven with pictures, medical records, or witness testimony. The final prerequisite your lawyer will need to prove is the damages you suffered. These can include monetary losses, pain and suffering, and lost wages.
New York Malpractice Lawyer
Physical injuries from medical malpractice vary from mild to severe, but the psychological damages of mistrust in the medical profession and dealing with the aftermath can be overwhelming for some. Medical care for injuries from surgical errors or failures to diagnose serious diseases like cancer can be expensive. Consider hiring a Syracuse personal injury attorney if you are struggling financially, physically, or emotionally after experiencing malpractice.
At Gattuso & Ciotoli, we have over 50 years of experience with helping clients recover from damages like these. Contact us at (315) 314-8000 for a free consultation. We are located in Central New York, Syracuse, Watertown, Binghamton, Syracuse, North Syracuse, Camillus, Liverpool, Cortland, and Auburn. Our goal is to help you obtain the compensation you need to recover successfully.