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How can victims of medical malpractice prove their cases?

On Behalf of | Aug 16, 2019 | Firm News

It is devastating to learn that the Massachusetts doctor you trusted to care for you, provide you with the right medical care and give you the right diagnosis let you down. No doctor is perfect, and there are times when an honest mistake happens or there is an unavoidable issue. This is why medicine is a practice and not an exact science, but how can you know when a mistake is more than just a mistake? 

The main reason for most medical malpractice claims is negligence. If you think your doctor acted negligently, how can you prove your case? It is in your interests to review the circumstances of your case and determine if you have grounds to move forward with a claim against your doctor. If you are suffering due to the reckless or negligent actions or decisions of a medical professional, you do not have to suffer in silence.

The elements of a claim

It’s not always easy to know if you have valid grounds for a claim. After all, how can you tell when something is more than just an unavoidable mistake or accident? A careful evaluation of your case can help you see if you have evidence that can prove the following:

  • Evidence that the offending party owed you a certain standard of care because you were a patient
  • Evidence that the offending party neglected to provide an acceptable standard of care, breaching the duty owed to you
  • Evidence connecting the actions of the offending party to the suffering experienced by you as the patient
  • Evidence that this breach of duty and the subsequent consequences led to your financial harm 

If you can prove the above elements, it is possible that you have grounds for a civil claim against your doctor. Malpractice in any form and for any reason is unacceptable, and you would be wise to take action as soon as possible as these claims are time sensitive.

Fighting to get better

You have the right to fight for a full and fair recovery after suffering from medical malpractice. Through legal recourse, you can attempt to hold the doctor or care provider accountable for his or her actions, and secure compensation for your injuries, pain and suffering. 

An assessment of your case can help you see what legal options may be available to you. If you suspect that medical malpractice occurred, you do not have to delay in seeking the help you need to move forward with the appropriate course of legal action.