How Do You Prove A Medical Malpractice Claim?

medical malpractice, depressed doctor

Members of the medical community are held to some of the highest standards of competency. Simply put, most patients assume that their healthcare providers can do no wrong. Surprisingly, a medical malpractice claim is more common than you think.

Unfortunately, however, even a seemingly small medical error can have a long-lasting – and potentially fatal – impact. After an injury, medical malpractice claims are essential for patients and their families as they face an uncertain future. Medical bills, ongoing care and lost income can take a toll, and are just a few damages that compensation seeks to remedy.

If you or a loved one have suffered as the result of a medical error or medical negligence, Hoffman Law Firm, LLC can help. Our experienced medical malpractice attorneys advocate for injury victims and their families – and we will fight for the compensation you deserve.

Our team has outlined the basic requirements to prove you have a case. 

A Doctor or Health Care Professional Owed a Duty of Care to the Patient

You will first need to show that you and your care provider established a professional relationship. Medical bills and invoices can be used to prove that you received care – and that your doctor received payment. 

The Doctor or Healthcare Professional Breached that Duty of Care

Once proving that you were under the medical professional’s care, you must prove their negligence. This can be incredibly difficult without a seasoned Charleston medical malpractice lawyer on your side.

Your attorney can help prove that your healthcare provider deviated from the appropriate standard of care. Examples include the following:

  • Failure to diagnose or misdiagnosis  
  • Improper treatment 
  • Inadequate care 
  • Incorrect medication or dosage 
  • Failure to warn of known risks 
  • Surgical errors 

The Doctor or Healthcare Professional’s Negligence Caused Your Injury

It is not enough to simply prove that the procedure or treatment did not result in the desired outcome. You must prove that a medical error or medical negligence directly caused your injury.

Your medical malpractice lawyer in Charleston, SC will gather evidence to prove that your doctor acted in a way that another competent medical professional, in the same circumstance, would not have. 

We are determined to hold your doctor accountable, and to prevent healthcare professionals from treating other patients in a careless or reckless manner. Testimony from a medical expert may be used to strengthen your case. 

Your Injury Led to Specific Damages

The last step is proving that your injuries correlate to compensation. Injury victims (or their families) may be eligible for these damages:

  • Pain and suffering (compensation for mental anguish and physical pain)
  • Lost wages
  • Permanent disability
  • Additional medical bills 
  • Cost of ongoing care

Call Your Charleston Personal Injury Attorney Today!

If you believe you have a medical malpractice claim, contact our Charleston medical malpractice lawyers today! Whether you were injured in a hospital or nursing home, we are here to help. Our Charleston law firm is eager to hear more about your case, and to create an attorney-client relationship during your free consultation. 

Keep in mind that, before you can file a medical malpractice claim, South Carolina law requires that you file a Notice of Intent to File Suit and other supporting documents. Our team can handle this, as well as all communication with the insurance company.

Our Charleston law firm of personal injury lawyers handle a variety of cases, including car accidents, truck accidents, slip and falls and more. If you’ve been injured, call Hoffman Law Firm for your free consultation today!

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