Legally Reviewed and Edited by: Terry Cochran

Published on: August 14, 2024

Medical malpractice is a serious issue that can have life-altering consequences. If you or a loved one has been harmed due to a medical professional’s negligence, understanding how to prove medical malpractice is crucial for seeking compensation.

If you believe you’ve been a victim of medical negligence, contact Cochran, Kroll & Associates, P.C. for a free consultation. Our qualified medical malpractice attorneys will guide you through filing a claim against the negligent provider, hospital, or staff, helping you hold those responsible accountable and securing a fair settlement.

What Is Medical Malpractice?

Medical malpractice occurs when healthcare providers, such as doctors and nurses, or facilities like hospitals and nursing homes, don’t provide the expected quality of care. The standard of care refers to the level of care a competent healthcare provider would reasonably provide under similar circumstances.

When this standard is not met, and the patient suffers as a result, the victim may file a medical malpractice claim for compensation.

The Importance of the Standard of Care

The standard of care is the foundation of any medical malpractice case. To prove medical malpractice occurred, you must show that the healthcare provider deviated from the accepted standard of care in their field. This means demonstrating that another competent medical professional would have acted differently in the same situation and that this difference in care led to your injury.

For example, if a doctor fails to diagnose a condition that another doctor would have identified, this could be considered a breach of the standard of care. Similarly, if a surgeon makes an error during a procedure that other surgeons would have avoided, it could be grounds for a medical malpractice lawsuit.

How To Prove Medical Malpractice

Proving medical malpractice requires demonstrating four specific legal elements:

• Duty of care
• Breach of duty
• Causation
• Damages

Here’s a closer look at these legal requirements and what evidence you need to prove your claim:

Duty of Care: Establishing the Doctor-Patient Relationship

To prove medical malpractice, you must demonstrate the existence of a doctor-patient relationship. This relationship confirms that the healthcare provider owes you a duty of care.

A doctor-patient relationship typically forms when a healthcare professional agrees to diagnose or treat an individual, and the patient consents to receive this care. This agreement initiates the healthcare provider’s legal obligation to uphold the professional standards expected in their field. Failing to maintain these standards can make them liable for medical negligence.

To establish this relationship, collect evidence such as signed consent forms, treatment plans, and personal notes from your healthcare provider. Additionally, use recorded interactions and direct communications, such as emails or medical portal messages, to demonstrate the existence of a doctor-patient relationship.

Breach of Duty: Proving Medical Negligence

Medical negligence is at the heart of a medical malpractice claim. To prove medical negligence, you must show that the healthcare provider’s actions (or inactions) fell below the standard of care, leading to your injury or harm.

Several types of medical negligence can result in a medical malpractice lawsuit:

• Misdiagnosis or delayed diagnosis. If a doctor fails to diagnose a condition or delays diagnosis, leading to a worsening of the patient’s condition, this may be considered negligence.
• Surgical errors. Mistakes made during surgery, such as operating on the wrong body part or leaving a surgical instrument inside the patient, can be grounds for a medical malpractice suit.
• Medication errors. Prescribing the wrong medication or dosage can result in serious harm and may be considered medical negligence.
• Failure to treat. A healthcare provider failing to provide appropriate treatment for a diagnosed condition can also be grounds for a medical malpractice claim.
• Birth injuries. Negligent care during pregnancy or childbirth can lead to severe injuries for both the mother and child. Actions can include the improper use of forceps or failure to monitor fetal distress.
• Anesthesia errors. Mistakes made during the administration of anesthesia, such as giving too much or too little or failing to monitor the patient’s vital signs, can lead to serious complications or even death.
• Failure to obtain informed consent. If a healthcare provider fails to fully inform a patient about the risks of a procedure or treatment and the patient suffers harm, it may be considered negligence.
• Inadequate follow-up care. If a doctor fails to provide appropriate follow-up care after a procedure or treatment, leading to complications or worsening of the patient’s condition, you can file a medical malpractice claim.
• Hospital-acquired infections. If a patient contracts an infection due to unsanitary conditions or improper care in a hospital, and it causes significant harm, this can be considered medical negligence.
• Misreading or ignoring lab results. Failing to accurately interpret or act upon lab results, leading to incorrect or no treatment, may constitute negligence.

To prove a breach of duty, gather detailed medical records, including treatment notes, diagnostic tests, and prescription histories, to show the specifics of the care provided and where it fell short—secure statements from healthcare professionals who witnessed the care to explain how it failed to meet standards.

You’ll also need expert testimonies to highlight the discrepancies between the care provided and expected standards in the field.

Causation: Connecting the Dots

Proving that a healthcare provider was negligent is only part of the equation. You must also prove that this negligence caused your injury or harm. This is known as causation, one of the most challenging aspects of a medical malpractice case.

Causation requires showing that your injury would not have occurred if the healthcare provider had met the standard of care. It often involves linking the provider’s actions (or lack of action) to the harm you’ve suffered. For example, if a doctor’s failure to diagnose a condition led to the condition worsening, you must demonstrate that an earlier diagnosis would have resulted in a better outcome.

To prove causation, you typically need the testimony of an expert witness, especially in states like Michigan, where the law requires it for medical malpractice cases. An expert can provide a detailed analysis of how the provider’s actions deviated from standard practices and directly led to your injury.

They will examine the medical records, the timeline of treatment, and the outcomes to establish a clear link between the provider’s negligence and your harm.

Damages: Proving Your Losses and Harm

In a medical malpractice case, one of the key elements you’ll need to establish is damages. This means you have to show how the negligence of a healthcare provider has caused you real losses and harm. The following evidence can prove your losses and help your attorney calculate a fair settlement:

The Role of a Medical Malpractice Lawyer

Handling a medical malpractice case can be challenging, so having a skilled medical malpractice lawyer on your side is essential. A medical malpractice lawyer from Cochran, Kroll, & Associates, P.C. will help you understand your rights, gather evidence, and build a solid case to prove that malpractice occurred.

At Cochran, Kroll & Associates, P.C., we bring a valuable edge to your claim with our legal and medical expertise in senior partner Eileen Kroll. As a registered nurse, Eileen has the medical know-how to analyze your records and identify medical negligence. Her dual background in medicine and law means she can ask the right questions and catch important details, helping her build a strong, well-rounded case for you.

Your lawyer will also handle the legal aspects of filing a medical malpractice claim, including negotiating with insurance companies and representing you in court if necessary. Having a knowledgeable advocate in your corner can make a difference in achieving a successful outcome.

How Much Time Do You Have To File?

If you believe you have a medical malpractice case, act quickly. Strict deadlines, known as statutes of limitations, dictate how long you have to file a medical malpractice lawsuit.

In Michigan, you generally have two years from the date of the malpractice incident to file a claim. However, the statute allows for a six-month discovery rule if the malpractice is not immediately discovered. This means that you have six months from the date you discovered or should have discovered the malpractice to file a claim, provided that it falls within six years of the date of the original malpractice incident.

Some exceptions, such as cases involving minors or individuals with mental disabilities, may extend the statute of limitations. Additionally, for minors under the age of eight, the statute of limitations extends until the child’s tenth birthday, regardless of when the malpractice occurred.

Consult with our medical malpractice lawyers to understand the specific timelines for your case and ensure that your claim is filed within the appropriate timeframe.

Filing a Medical Malpractice Lawsuit

Filing a medical malpractice lawsuit involves several steps. The process begins with a free consultation:

• Speak with a medical malpractice lawyer. Meet with our qualified team at Cochran, Kroll, & Associates, P.C. to review your case, gather evidence, and determine whether you have a valid claim.
• File a complaint. Your lawyer will file a formal complaint with the provider’s insurance company or Michigan civil court, outlining your allegations and the damages you seek.
• Discovery. During the discovery process, both sides exchange information and evidence. This may include depositions, interrogatories, and requests for documents.
• Settlement negotiations. We will negotiate with the defendant’s legal team for a fair settlement. If the insurance company refuses a fair amount, your case may go to trial.
• Trial. If your case goes to trial, both sides present evidence and arguments to a judge or jury. The judge or jury will then decide whether medical malpractice occurred and, if so, what damages you should receive.

Get the Compensation You Deserve After Suffering Negligent Medical Care

Patients trust medical professionals to deliver high-quality care, but you deserve compensation when that trust is broken and you suffer harm.

Our seasoned Cochran, Kroll, & Associates, P.C. attorneys specialize in medical malpractice cases. We know how to prove medical malpractice and have won multi-million dollar settlements for injured victims in Michigan. Speak with us in a confidential, complimentary consultation to discuss your case and learn how we can support your medical malpractice claim.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.