If you are considering filing a medical malpractice lawsuit, this is likely because you suffered an adverse medical outcome as a result of the actions of your doctor. However, it might be difficult to prove that the adverse outcome you suffered was directly the fault of your doctor or was caused by something else.
How to Prove Causation
To show that your doctor deviated from the normal standard of care, you will first need to establish what the normal standard of care is. For example, the medical condition you are suffering from might have a specific medical treatment that would be appropriate.
When you undergo medical treatment, such as surgery, it is understood that there are some risks involved and your doctor should warn you of these risks. If something goes wrong that is beyond the control of the doctor, they will likely not be held responsible for the injuries you have suffered. Your medical malpractice attorney will need to prove that your care deviated from the acceptable standard of care.
Failure to Diagnose
Another way in which you may be able to receive compensation for your injuries is if you can prove that the doctor failed to diagnose. However, you will only be entitled to compensation if your condition worsened as a result of you not being diagnosed quickly enough. For example, with certain types of cancers, being diagnosed early might not affect your prognosis.
To be able to prove that your doctor was negligent, you must receive help from a medical professional who can testify on your behalf. Medicine is a subject that requires years of study to be able to understand. Therefore, you will need help from a medical malpractice attorney who works closely with expert witnesses to build a solid case for why you are the victim of your doctor's negligence.
Medical Malpractice Settlements
You may be able to reach a settlement with your medical malpractice case without going to court by negotiating with your doctor's medical malpractice insurance provider. However, the insurance adjusters are trained to question any claims filed against them and to avoid payouts whenever possible.
However, a medical malpractice attorney will be able to negotiate a settlement on your behalf while you are focused on recovering. If you are not able to reach a settlement, your medical malpractice attorney will be able to represent you in court if you believe that a lawsuit is necessary. Contact a medical malpractice attorney for more information.