You will need evidence to prove that your doctor committed malpractice and caused you harm. You may need an expert witness who can testify about the doctor’s negligence and whether he or she violated the standard of care.
Attorney Jason Schultz can help you prove malpractice. Call 404-474-0804 for a case review. If we can prove negligence and liability, you might be entitled to compensation for your medical malpractice damages.
What We Will Have to Prove to Establish Medical Malpractice Liability
We will have to present evidence that shows all four elements of a medical malpractice case in Georgia:
- Duty of care: Your doctor’s legal duty to follow the standard of care. Your doctor must act in a manner that other doctors would act under similar circumstances.
- Breach of duty: Your physician failed to meet the standard of care. Another term for breaching the duty of care is negligence.
- Causation: The doctor’s negligence caused harm to you. If your doctor made a mistake that violated the standard of care, but it did not cause you harm, you will not have a case. On the other hand, if your doctor accidentally left a foreign object inside of you which caused an infection and you had to have additional surgery to remove the foreign object and treat the infection, then the doctor’s negligence caused you harm.
- Damages: You suffered damages as a result of the doctor’s negligence. Damages can be things like medical expenses, lost wages, and pain and suffering.
How We Will Prove Your Medical Malpractice Case
The evidence we need to gather depends on what we are trying to prove. For example, here are some of the types of evidence we can use to build your case for different types of medical negligence:
Failure to Diagnose
We will use your medical records and your medical journal to establish that your doctor failed to diagnose your condition and, in doing so, committed malpractice. The records will show whether the doctor ordered testing or treatments, prescribed medications, and made any diagnoses.
We may have a medical expert review your medical records to determine whether the doctor should have diagnosed your illness, ordered diagnostic testing, or sent you to a specialist.
Similar to the failure to diagnose, we may have a medical expert review your medical records to decide if the doctor misdiagnosed your condition, and if doing so violated the standard of care.
Surgical Errors and Retained Foreign Objects
We may use expert testimony, surgical notes, medical records, and testimony of other medical professionals who were present during your surgery to establish what happened during surgery and how a surgical error caused you harm.
If, for example, you developed an infection at the surgical incision, we may explore the hospital’s records to review how often the nursing staff changed your dressings and whether they followed sterile wound care protocols.
Types of Evidence to Prove Medical Malpractice Damages
We may use many types of evidence to establish the value of your damages. You might already have some of these items. We can help you collect the documents and other forms of evidence to build your case.
Your Medical Journal
Your medical journal should consist of notes about when you saw your doctors, what they told you, symptoms you experienced, what you told your doctors, and any other relevant information about how your condition has affected you (ability to work, pain levels, etc.).
Your Employment Records
These records serve as useful evidence of the amount of income you lost as a result of the medical negligence. If you sustained long-term or permanent impairment from the doctor’s negligence, we may work with a vocational expert to calculate any decrease in your future income potential.
Medical Bills, Receipts, and Insurance Records
These official documents would show how much it cost to correct the doctor’s mistake if you had added medical expenses because of the malpractice.
Your side of the story can be compelling evidence of the pain and suffering you endured, the mental anguish, uncertainty, and stress. You can tell the judge how the negligence has affected your life and your relationship with your significant other to show loss of enjoyment of life and loss of consortium.