The Evidence You Need to Prove Hospital Malpractice
To bring a successful hospital malpractice claim that addresses your losses in their entirety, you’ll need a considerable amount of evidence. Claims involving professional malpractice, such as medical malpractice, are legally complex and require skilled legal guidance. Consult with an experienced hospital malpractice attorney at Ginsberg & O’Connor today.
The Burden of Proof for Your Hospital Malpractice Claim
As the person claiming that a medical facility engaged in medical malpractice, the burden of proving their professional negligence lies solely with you. The level of proof required is the preponderance of the evidence, which means that the jury must find it more likely than not that you were injured by hospital malpractice.
Proving Hospital Malpractice
Proving hospital malpractice comes down to proving several key elements, each of which requires its own form of evidence.
Professional Negligence
To begin, you’ll need to prove that the medical facility in question engaged in some form of professional negligence. This means that they failed to implement the same professional standard of care that other facilities at the same level of care provision would have. If they engaged in practices like those facilities would not have, or failed to take precautions similar to those facilities would have, it may be hospital malpractice.
Proving professional negligence often hinges on evidence like the following:
- The testimony of expert witnesses in relevant medical professions, which may include hospital administrators
- The testimony of eyewitnesses, such as attending medical professionals
- Your medical records, including treatment records
- Any physical evidence, such as faulty medical equipment
Direct Cause of Your Injury
Additionally, you’ll need to prove that the medical negligence in question was the direct cause of your injuries. Again, this likely requires the expert testimony of professionals with specific experience and knowledge regarding the nature of your injuries and their cause.
The Scope of Your Damages
Finally, you’ll need to demonstrate the extent of your physical, financial, and emotional losses. This includes your medical bills and your care provider’s report regarding the extent of your related injuries and your prognosis. In addition, you’ll need to outline your damages as they relate to lost income. Your employment records, pay stubs, and your employer’s report can all speak to this form of loss.
Finally, there is your physical pain and emotional suffering to calculate. This category of damage can exceed the combined total of the others and should not be downplayed. You and those who know you well can effectively report on how your life has been affected by the medical malpractice you’ve endured. Other forms of valuable evidence can include your therapist’s account of this highly personal brand of loss, as well as relevant medical records and your own journaling.
Consult with Our Experienced Hospital Malpractice Lawyers
The seasoned hospital malpractice attorneys at Ginsberg & O’Connor in Cherry Hill, NJ, are committed to bringing strong claims on behalf of our clients, and we appreciate the chance to do the same for you. Learn more about what we can do to help by contacting us online or by calling our firm at 856-727-1991 today.