Proving Medical Malpractice
Regardless of the case, our civil justice system requires that the plaintiff, the injured part, prove all elements of his or her claim. In order to obtain compensation for medical malpractice, we must establish that, beyond reasonable doubt, all of the claims that are made against the healthcare provider or hospital are accurate.
There are three main components that must proven in order to win a medical malpractice case:
The doctor, hospital, or healthcare provider breached what is called the “standard of care.”
According to Georgia law, “standard of care” means that the degree and skill of the care provided was similar to or beyond that which a typical medical professional would render in the same circumstances.
The actions taken by the doctor or hospital were the actual cause of the injury.
This portion of the case, which is called the “causation” element, generally requires the testimony of expert witnesses. For example, a patient is brought to the emergency room with severe injuries caused by a car accident, and does not survive. If the expert testimony asserts that the victim died because of the extent of the injuries, and not from any action or lack thereof on the doctor’s part, then the proof of “causation” would not be satisfied.
The nature and the extent of the “damages” caused by the injury must be established.
Although the term “damages,” may seem vague, it can include:
- Loss of income or potential earnings
- Medical expenses
- Living expenses
- Pain and suffering
Contact the Atlanta Medical Malpractice Attorneys
At Kaplan & Lukowski, LLP, the client always comes first. During your initial consultation, our team will give you an honest appraisal of whether you have a medical malpractice case, and whether we can help you prove that case.
Contact our Atlanta law firm today to schedule your free consultation.