How to Prove Fault in Medical Malpractice Cases

Published on August 12, 2024

We trust and rely on our doctors and other medical providers to deliver the highest quality care—after all, our health, safety, and lives are at stake when we put ourselves in their hands. Learning that a doctor’s mistake, carelessness, or failure to follow through on critical aspects of care caused a serious injury or worsened medical condition is devastating enough, being left with the financial consequences in addition to the pain and distress is overwhelming. Fortunately, Arizona courts provide a civil remedy through a medical malpractice claim for those who’ve suffered medical malpractice injuries and damages. Although a successful claim cannot undo the harm, it addresses the financial aspects of the injury and provides victims with a sense of justice. But first, a successful claim requires sound evidence and a compelling case. How does a medical malpractice victim prove a doctor’s fault and negligence?

If you or a loved one has been harmed by medical negligence, it’s crucial to contact a medical malpractice attorney in Phoenix who can guide you through the complex legal process and help you build a strong case.

Evidence In Medical Malpractice Cases

Proving that medical malpractice occurred and caused harm to a patient can be challenging. Large medical malpractice insurance companies commonly dispute these claims and the involved medical provider and facility are rarely forthcoming. In fact, one of the most critical parts of a medical malpractice case is the medical report—provided by the doctor and their facility. Besides the patient’s medical records and hospital report, important evidence in medical malpractice cases includes the following:

• The results of a medical examination by a provider unaffiliated with the facility where the medical malpractice took place
• Medical bills and receipts
• Employer statements and tax forms showing income loss
• The testimony of medical expert witnesses

Medical experts are the key component of a medical malpractice case. They interpret the results of medical records and examinations and provide professional insights into what occurred. Medical expert testimony in the case helps the injury victim (plaintiff) prove the at-fault doctor or other provider (defendant) meets the legal tenants of liability because they failed to provide care in the way that another reasonable medical professional would have under the same circumstances.

Proving Fault and Liability In Medical Malpractice Cases

Most personal injury claims move forward by proving the at-fault party had a general duty of care to take reasonable measures to prevent causing injury to others, but medical malpractice cases have a different standard for liability. To prove fault and liability in medical malpractice cases requires documenting evidence showing that the following conditions were in place when the malpractice occurred.

A Doctor/Patient Relationship Existed:

Before a medical malpractice case can move forward, first the plaintiff must provide evidence that a doctor/patient relationship occurred at the time the injury occurred.

Duty of Care:

The medical provider had a duty of care to treat the patient within the standard of care accepted by the medical community. This requires medical expert testimony proving what the standard of care was for that particular injury or condition and how the at-fault medical provider deviated from it.

Breach of Duty:

The injury victim and their attorney must prove that the doctor breached their duty of care by failing to treat the patient in the way that’s accepted by the medical community, or the way another, reasonable doctor would have under the same circumstances.

Causation:

The injury victim must prove that the doctor’s breach of duty directly caused injury to the patient and that the injury wasn’t acquired any other way.

Damages:

The patient must show that they suffered significant damages from the injury, including economic damages like additional medical costs and income loss, and non-economic damages like pain and suffering. In some cases, additional non-economic damages apply, such as disfigurement compensation, the loss of one of the senses, the loss of a limb, or the loss of an organ.

An injury victim must prove all five of these aspects of medical malpractice to make a successful claim for damages directly to the malpractice insurance company or in a lawsuit.