Proving medical malpractice in California requires more than just suspicion—it takes solid evidence, expert testimony, and a thorough understanding of the law. In this blog, we’ll explain the process of proving a medical malpractice claim.
Key Elements of a Medical Malpractice Claim
- Duty of Care: Establishing the healthcare provider’s responsibility to provide care.
- Breach of Duty: Demonstrating how the provider failed to meet the standard of care.
- Causation: Showing that the breach directly caused the harm or injury.
- Damages: Proving that the injury resulted in verifiable damages.
Gathering Evidence
To prove a claim, the patient will need to collect evidence, such as medical records, expert witnesses, and other witness testimony. It’s critical to have legal representation to ensure that the evidence is presented properly. This is why it is important that you contact Wilcoxen Callaham, LLP to ensure the strongest possible case.
The most important evidence is medical documentation. Medical documentation is evidence that the healthcare provider had a relationship with the patient. This can show that the provider owed the patient a duty of care. This type of evidence can include medical records, bills, lab reports, notes, or other proof of contact with the provider. The patient may also have medical bills and treatment records that show additional care or hospitalization that were received as a result of the potential malpractice.
Another type of evidence is testimony from yourself or other family members or friends who were present during the patient’s experience. This testimony can assist in proving pain, suffering, and diminished quality of life. The patient should also document pain and suffering through photographs and video of their physical condition if possible, In some cases this can also be used to document unsanitary conditions, if that is applicable.
Finally, you may also need to provide evidence of lost wages include, such as pay stubs or tax records.
Expert Testimony
In medical malpractice cases, expert testimony from a medical professional is generally required to establish whether the defendant’s actions fell below the accepted standard of care. In California, the expert must have special knowledge, skill, experience, training, or education in the relevant field. The expert should be licensed in California or another state and have substantial familiarity with the medical issues in the case. Wilcoxen Callaham, LLP is experienced in identifying the proper experts to testify in medical malpractice cases. This is why it is important for you to call us if you suspect that you or your loved one has been the victim of medical malpractice.
Frequently Asked Question:
Q: Do I need an expert to prove my medical malpractice case in California?
A: Yes, expert testimony is typically required to demonstrate the standard of care and how it was violated.
What Should You Do if You Suspect Medical Malpractice?
If you believe that you or a loved one has been the victim of medical malpractice, please reach out to our office. Visit our website at Wilcoxen Callaham, LLP or call us at (916) 442-2777. Reach out as soon as you become aware of the situation. It is important not to wait!
Helpful Links
Wilcoxen Callaham: How We Help With Medical Malpractice Cases
