If you suffer from an injury or a worsened medical condition because of an error or an act of negligence on the part of your doctor, you may seek compensation for your damages through a medical malpractice claim. But in order to recover compensation, you must prove the following:
- Your doctor failed to uphold his or her duty of care to you;
- Because of this failure, you suffered a worsened health condition; and
- Because of your worsened condition, you suffered specific financial damages.
To prove these facts, you need evidence. During your initial consultation with a medical malpractice lawyer, discuss the types of evidence outlined below.
Your Medical Record
Your medical record is the most important piece of evidence you can use to support your claim. It shows your original condition, the treatment you received, and your condition after receiving treatment. This is one specific piece of evidence that should be part of every medical malpractice claim.
This document is critical because it demonstrates your health condition after your doctor’s incorrect diagnosis or negligent care. It is not enough to simply prove that a doctor was somehow negligent – in a medical malpractice claim, the victim must demonstrate that his or her health suffered as a result of the negligence.
Proof Showing that a Doctor-Patient Relationship Existed
Your doctor can only be liable for your damages resulting from an act of malpractice if he or she had an established doctor-patient relationship with you. Any documentation showing that you received a diagnosis or medical treatment from the specific doctor who was somehow negligent can prove this. Generally, this is the simplest piece of evidence to obtain and use in a medical malpractice claim.
Demonstration that your Injury or Condition was the Result of the Doctor’s Negligence
The crux of a medical malpractice claim is the evidence that shows that the doctor failed to uphold his or her duty of care to the patient. Various types of evidence can be used to prove this and as a claimant, you may need to use more than one document to prove your doctor’s negligence.
The expert testimony, discussed below, can be used to prove that your doctor was negligent. Other relevant pieces of evidence can include articles from medical journals and your doctor’s professional record.
An Expert’s Testimony
This is a testimony from an expert witness, which is an individual whose specialized knowledge gives him or her the authority to speak about your injury without having witnessed it firsthand. In medical malpractice cases, experts are generally medical specialists. For example, if you suffered a spinal cord injury, you might use a testimony from a neurosurgeon to support your claim. The expert’s testimony can discuss how your injury happened, how it affects you now and will continue to affect your life in the future, and the treatment that you need to recover from the injury.
Work with an Experienced Chicago Medical Malpractice Lawyer
Determining how to prove your medical malpractice claim’s validity can be difficult. Work with a compassionate, goal-oriented medical malpractice lawyer to make this process easier. Contact our team at Baizer Kolar, P.C. today to schedule your initial consultation with us. We are a small, hands-on firm who makes every client’s case a priority.