No matter how much trust we put in our doctors, we cannot eliminate the possibility of them making mistakes. Nonetheless, regardless of this possibility, doctors and health care practitioners can be responsible for injuries caused by their negligence. This is where medical malpractice claims come in.
Understanding first the elements of medical malpractice
While the specifics vary depending on the type of malpractice claim, victims generally have to prove the following elements:
- The health care practitioner involved has a professional duty toward the patient.
- The health care professional breaches said duty.
- The breach of duty causes the patient’s injury.
- The patient’s injury resulted in damages.
Usually, patients can prove their professional relationship with the involved health care practitioner through medical records. Moreover, they can establish economic damages through documents, such as hospital bills and pay slips.
However, proving the actual breach of duty and its connection to the injury is not as easy to establish. This is where experts come in handy.
The weight of an expert’s testimony
Let us say a patient suffers from brain injury during a surgery and files for a medical malpractice claim against the surgeon. A medical expert in Neurosurgery will be able to explain how the surgeon’s act or inaction during the operation may have led to the patient’s injury, warranting payment for damages. Because of their expertise, the court and jury will likely rely on their testimony. Accordingly, the medical expert’s testimony can substantially support the patient’s claim.
Holding the right people accountable with the right strategy
Strategies on medical malpractice claims vary depending on each case’s facts and circumstances. If you are wondering whether hiring an expert will solidify your claim, seeking advice from a medical malpractice attorney might help you find the answer you need.