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How To Prove Medical Malpractice

Posted by Bautista Leroy | Sep 20, 2019 | 0 Comments

how to prove medical malpractice

Bautista LeRoy Law Firm can assist individuals seeking answers regarding 'how to prove medical malpractice?' Since 1990, our attorneys have provided outstanding legal services to Kansas City Metropolitan Area residents. Our regional practice stems from years of experience and specialization in numerous personal injury law areas.

This article presents various types of medical malpractice and the procedures for providing proof to support claims.

 

What are the types of medical malpractice?

Medical malpractice takes many forms. It occurs when healthcare providers breach their duty of care and cause injury or harm to patients. Here are a few examples:

  • Misdiagnosis or Delayed Diagnosis
  • Surgical Errors
  • Medication Errors
  • Anesthesia Errors
  • Failure to Obtain Informed Consent

 

How can medical malpractice be proven?

Proving medical negligence is often complex and requires both knowledge of healthcare practices and legal matters. Four essential criteria will need to be demonstrated for your claim to succeed:

  • Duty of Care
  • Breach of Duty
  • Causation
  • Damages

 

What evidence can I present for a medical malpractice claim?

Evidence can help establish liability and strengthen claims. Here are some of the most often used:

  • Medical Records: Such records serve to document medications, treatments, procedures and outcomes of care to establish a timeline or any mistakes.
  • Expert Testimony: Experts play an essential part in cases involving malpractice by attesting whether provider actions fell below accepted standards.
  • Witness Statements: Attendants such as nurses, technicians or any other present can offer testimony that can strengthen your claims.
  • Diagnostic Reports: Imaging studies and laboratory test results can accurately evaluate any errors made in healthcare delivery.
  • Damages: The damages caused victims facing medical costs, lost wages and any other personal or financial losses.

 

Why hiring a personal injury attorney could be beneficial?

  • Personal injury attorneys have an in-depth knowledge of medical malpractice laws and can effectively represent your claim.
  • Personal injury attorneys have access to medical experts who can testify during court case proceedings.
  • Attorneys specialize in negotiating settlements with insurance providers and healthcare providers to achieve optimal outcomes.

 

When should an attorney be hired?

Timely filing of medical malpractice claims is vital. Here's when you should hire a personal injury attorney:

  • You suspect medical malpractice has taken place.
  • Before filing any claim, always seek legal advice first.
  • You're facing issues from insurance or healthcare providers.

 

What criteria must I keep in mind to select an effective attorney?

  • Experience: Look for a personal injury attorney with proven expertise and an impressive success record.
  • Reputation: Case results and testimonials provide indicators of an attorney's credibility.
  • Communication: Select an attorney who provides clear communications and regular updates about your claim.

 

Why Choose Bautista LeRoy LLC?

Bautista LeRoy's legal team comprises highly experienced attorneys committed to protecting victims' rights. Our emphasis on communication ensures we keep you fully apprised throughout every stage of the process and tailor strategies specifically meeting client requirements.

Over the years we have consistently provided outstanding services while advocating for maximum compensation claims.

 

Suggested Action Steps

  • Keep a thorough record of the medical care you receive, such as dates, providers and treatments.
  • Schedule a consultation with a personal injury attorney to explore possible claims and solutions.
  • Gather all relevant evidence supporting your claim, such as medical records or witness statements.
  • For your own well-being, seek professional medical help continuously should complications develop.

To successfully prove medical negligence, both legal expertise and the ability to gather evidence are required. Hiring an experienced personal injury attorney to pursue justice is a wise decision. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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At Bautista LeRoy, we focus on Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights and we are here to listen to you and help you navigate the legal system. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

Contact Us Today

Bautista LeRoy is committed to answering your questions about Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights law issues in Missouri. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

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