Any time a case goes into the court system, someone bears the burden of proof. In the case of medical malpractice, it is the plaintiff’s lawyer that must show that negligence occurred and injuries or damages followed. But is it enough to just explain what happened? Are follow up doctor’s bills enough to show that there was a problem with the procedure? There are actually several different things that a medical malpractice lawyer in Paulding County needs to prove in order to be successful.
Duty Owed and Breached
Most people overlook the fact that a lawyer needs to prove that an actual procedure took place, meaning that the practitioner had a duty to the patient. This is usually easy to show with the proper documentation, but then, the lawyer must show that the same duty was breached. This means that the practitioner didn’t provide an acceptable standard of care. This involves showing how and where the services fell short. Many times a lawyer will need to compare what should have happen to what actually happened, which can be the most difficult job for the medical malpractice lawyer in Paulding County.
Injury Occurred
Once it has been established that the plaintiff was a patient and expected a certain standard of care, the lawyer must prove that some type of injury occurred. In addition to medical bills following the procedure, expert testimony may be required to show that the actual medical procedure is what caused the injury. It is important that the explanation be clear to everyone involved.
Damages
Once an attorney proves that there has been a breach in the patient’s standard of care and an injury occurred, it is time to show what type of damage was done. Damages come in several forms: there are some that were actually done to the body that may require future medical attention, while others could be in the form of missing work and missing income. Finally, there could be damages caused to a person’s mental condition as a result of the trauma that he or she experienced.
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