Medical malpractice is a confusing topic for some people. It is more than being unhappy with your doctor. You actually have to prove certain points to have a legitimate case.
Before you decide to file a malpractice lawsuit, it is essential to understand if you have a valid case because you have the burden of proof, meaning you must prove your case according to the law to get a ruling in your favor.
Breach of professional standard
You have to show that the doctor did not follow acceptable professional standards when proving you care. The standard would be what most healthcare professionals would do in the same circumstances.
Injury was avoidable
You also need to prove that your injury was not something that would have happened ordinarily. It was a result of the negligence of the doctor. You consented to the procedure because you were unaware of the harm it could cause. The injuries were not the normal side effects or projected issues associated with the treatment.
Remember that you are the plaintiff and therefore you need to prove your case. The defense can present evidence against what you present, but it is not their job to prove anything. This is an important point to keep in mind because if you cannot show evidence that your claims are valid, you cannot win the case.
You have a solid case when you can prove the two points required by law through evidence or witness statements. If you cannot do this, then you will likely lose, and the judge could potentially throw out your case before it ever goes to trial.
