How Medical Malpractice Cases Work
In a medical malpractice case, when it comes to proving fault, it usually comes down to proving that the doctor or hospital was negligent when administering medical treatment, and as a result, you or a loved one suffered injury or harm.
Medical malpractice cases are often complex and require the services of an experienced attorney. When dealing with a malpractice case, there are a few things that need to be established:
- A doctor-patient relationship existed. The doctor must’ve had an obligation to the patient.
- Proving negligent care. You will need to prove that the doctor did not meet the medical standard of care.
- Prove an injury occurred. It must be proven that your injuries occurred as a result of the doctor’s negligence.
- Proving damages. You must prove that you suffered as a result of the malpractice.
- Prove all elements. You need to prove all elements above “by a preponderance of the evidence.” This means that it needs to be more likely true than not.
Types of Medical Malpractice
Proving a medical malpractice case is much different and more complex than with other personal injury claims. The facts surrounding your claim are based on past medical records and testimony from medical experts who are familiar with your type of case.
A “complex” case type simply means that expert testimony and medical records are a vital component to proving that the healthcare professional responsible for treating you did act negligently. The combination of strong medical evidence and qualified expert testimony gives victims the best possible chance of financial recovery.
Clear-Cut Case Types
- “Surgical Souvenirs” (i.e. sponges, clamps or other equipment that is left behind)
- Wrong-Site Surgery
- Medication errors
- Failure to diagnose or properly treat a medical condition
- Birth injuries
- Plastic surgery errors
- Unnecessary surgical procedures
Complex Case Types
- Post-operation infections
- Dental mistakes
- Falls in hospitals or nursing homes
- Failure to monitor a patient
- Long-term treatment disputes
- Nursing home and elderly care incidents
UW Medical Center Malpractice Lawyers
If you or a loved one has suffered serious personal injury as a result of medical malpractice or negligence at UW Medical Center, it's important to act quickly to protect your legal rights and preserve important evidence that can be used to support your case. The award-winning attorneys at Davis Law Group have represented victims of negligence for more than 20 years and will review your malpractice case for free.
Use the confidential medical malpractice questionnaire on this page to have your case personally reviewed by our award-winning legal team. If we believe we can help improve the chances of a favorable outcome, our attorneys will meet with you for a free legal consultation at your convenience.