Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

What factors make a strong medical malpractice case?

On Behalf of | Aug 19, 2020 | Firm News |

Most physicians carry around an understanding that mistakes can happen, while doing their best to avoid them. Unfortunately, when errors do happen, they can have dire consequences for the patient. In these cases, a medical malpractice lawsuit may be

When you’ve been the victim of medical malpractice, it’s likely that you’ll experience a wave of uncertainty about your chances of winning your case, given that medical malpractice lawsuits are notoriously tricky. That’s why it’s necessary to understand what helps make such a case stronger before moving forward.

Sometimes referred to as the “Four D’s” of a malpractice case, there are four different factors that must be proven in order to win a malpractice case: dereliction, damages, duty, and direct causation. These elements make it clear that a doctor breached the scope of expectations and was negligent in their treatment.

Assuming you meet this criteria for a malpractice case, what are some things that you should have prepared to help strengthen your case?

  1. Keep strong records of your injuries, illness, and create a timeline demonstrating correlation with the initial malpractice incident(s). This could include symptoms and medical charts/records from before the physician’s intervention, as well as documents showing the impact and aftermath.
  2. Keep records of all the prescriptions and medications you’ve taken. Make sure you’ve followed the course of the medication as prescribed or instructed.
  3. Document any second opinions you’ve sought after the initial malpractice incident. You may be able to retrieve a written statement from follow-up visits with other physicians who took note of the error or damages.
  4. Gather any witnesses who could testify. This could include family members, caretakers, friends, or other people who have witnessed the effects of your case.

Remember, the burden of proof falls on you, the patient. Medical malpractice cases can be quite complicated and difficult to bring to justice, so the more prepared and organized you are, the better off your case will fare.

An experienced attorney will help make sure you have all of the right pieces in place for your case.



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