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HomeLawEssential Steps To Proving A Medical Malpractice Claim

Essential Steps To Proving A Medical Malpractice Claim

A medical malpractice claim is a statement that legally corroborates an unlawful injury, resulting in a financial loss for the injured party. Filing for malpractice in California is difficult, time-consuming, and expensive, but it’s worth pursuing if the negligent act of a doctor caused the injury. Here are the steps to take to prove that malpractice has occurred.

1. Discuss With The Attorney

The attorney should be present during the initial consultation. Once you have hired an attorney, know that you want them to represent you. You should be detailed during the initial meeting, so your attorney can know what evidence is needed on your behalf. The attorney will also discuss what kind of compensation you can expect. The attorney will instigate your claim and discuss any necessary medical opinions with the doctors.

2. Prove Patient-Doctor Relationship

One must show that the doctor-patient relationship existed to prove that a legal malpractice action has been filed. This means that you would need to show that you were treated by this medical professional and that this medical professional was ordered to treat you. In addition, there must be documentation of the treatment. You may want to get patient records that include your medical history, blood test results, x-rays, and anything else that proves that you were treated for the injury.

3. Document Medical Errors And Miscommunications

An expert witness should be used to document information about the medical errors and miscommunications which took place during your treatment. Investigate your claims by investigating the doctor’s performance on any previous tasks. A professional can look into the doctor’s background and any past cases resulting in an injury. Your attorney can point out the major issues that need to be discussed with the doctor.

4. Prove There Was a Breach of Duty

The medical malpractice attorney will have to locate the breach of duty. This refers to the fact that any doctor should follow their ethical codes and any laws set in place to protect their patients. The breach of duty can be an error in diagnosis, failure to inform you of your diagnosis, wrong treatment administered, or administering the treatment without proper evidence and consent. To prove the doctor’s negligence, the attorney must provide proof of actions demonstrating that a doctor failed to act within his standard procedure. The proof will usually be in the form of testimony. Your attorney can also use medical reports and hospital records to show that there was some mistake in the treatment.

6. Obtain Copies of Your Medical Records

After hiring your attorney, you can contact the hospital where you were treated for your injury and request copies of your medical records. These medical records will be used to show the dates and times of your visits, the condition you were in at the time, and the treatments administered. Copies of these documents will help your attorney to correctly investigate your claims. Also, the records will be a point of reference when determining your compensation.

7. Prove Damages

Once the proof has been presented and the doctor’s negligence has been proven, you will be entitled to compensation from the doctor. You will have to prove how much you have suffered financially or physically. In some cases, you may have to show a medical history before the treatment to show that this treatment aggravated a previous injury. You may also have to show a need for future medical treatment. In other cases, you may have to prove that you were harmed by this mistake. You will probably have to provide proof of the cost of your medical treatment, as well as the cost of any medications or supplements that you had to purchase. If there were any loss of wages while receiving this treatment, you would have to present documentation that includes your time off of work and your hourly wage rate.

8. File a Claim

You must fill out all the necessary forms to file a claim. Also, you will have to submit any information needed for the compensation. These submissions should include a copy of your medical records, bills, and other relevant information. Your claim must be processed by the medical board, which is part of the government. If your claim is accepted, you will be able to receive monetary compensation for your losses. If your claim is rejected, the medical board will explain why it was rejected.


Proving a medical malpractice claim can be time-consuming, but it is worth the effort. Investigate your claims before filing a lawsuit, because do not want to file a complaint that you cannot prove. The compensation you receive will help pay for the damages you suffered in your treatment. Filing this claim will also encourage doctors to follow the guidelines they have set in place and ensure that no other patient receives similar treatment to what you have received.

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