When people visit their physicians, they trust the physicians to provide the proper care that they need. Unfortunately, this is not always the case, and some physicians may cause more harm than good.
A malpractice case may be able to assist individuals in rectifying the situation; however, proving malpractice is not an easy feat. There are a few things to keep in mind to make sure your medical malpractice case may stand.
Standard of care
Establishing the standard of care is critical to proving a malpractice case. In the state of Virginia, physicians tend to win medical malpractice cases due to the fact that the plaintiff is not able to show negligence beyond the shadow of a doubt. To accomplish this, it is essential to have a clear standard of care. In accordance with the law, the standard of care is the measuring stick that the court uses to determine if there was malpractice, or in other words, a breach of contract.
Value of damages
Proving a malpractice case is not only time-consuming but also quite expensive. Therefore, the value of damages the plaintiff is claiming should be worth his or her effort in pursuing them. Catastrophic injuries or other damages that will affect a person throughout life, such as birth injuries, are common candidates for such cases. This is not to say that individuals with injuries that do not claim top dollar do not deserve justice. However, in weighing the time, energy and risk that goes into such cases, it may be more beneficial to seek compensation by other means.
To prove the standard of care and the value of damages, along with establishing a solid connection between the two aspects, the evidence is key. Claimants should gather and keep any records, statements and documents they can find, and keep in mind that some pieces of evidence may be harder to obtain without some help.