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  • How Long Will my Case Take? Attorney Todd Henningsen discusses what factors affect how long a personal injury case may take.
  • Jury Trial vs. Settlement Mr. Henningsen talks about how a personal injury lawyer from the firm will be able to see whether or not taking the settlement would be the best option for you or if you should go to court.
  • Seeking Compensation Mr. Henningsen talks about seeking compensation if you have been involved in a personal injury related accident.
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How to Prove a Medical Malpractice Case

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How to Prove a Medical Malpractice Case

Medical negligence is a serious threat to the health, future, and wellbeing of medical patients across the United States. According to the National Center for Biotechnology Information,

Since the 1960s the frequency of medical malpractice claims has increased; and today, lawsuits filed by aggrieved patients alleging malpractice by a physician are relatively common in the United States. One survey of specialty arthroplasty surgeons reported that more than 70% of respondents had been sued at least once for medical malpractice during their career

If you believe that a doctor (or other member of the medical field) committed an act of negligence and hurt you, you may have grounds for a medical negligence claim. With the help of a personal injury attorney, you may be able to collect financial compensation for:

  • Hospitalization
  • Doctor's visits
  • Future medical expenses
  • Missed wages
  • Noneconomic damages

If you lost a loved one at the hands of a negligent doctor, you can sue the responsible care provider / hospital on behalf of your loved one through a wrongful death claim.

Proving medical negligence starts with "duty of care;" the idea that doctors, nurses, surgeons, etc. are responsible – to the best of their ability – for their patients' health. A doctor commits medical malpractice when he / she breaches duty of care.

A successful medical malpractice case is built on four elements: duty of care, breach of duty, injury, and damages. In order to collect money for your accident, you must demonstrate that the doctor, hospital, etc. owed you duty of care. Then, you must show that the other party acted negligently, breaching the duty.

If the other party committed an act of negligence but the negligence was not responsible for your injury, you do not have a valid claim for medical neglect; the malpractice must be directly responsible for your suffering.

Finally, you must be able to demonstrate that the injury resulted in damages, such as medical bills or pain and suffering. According to the National Center for Biotechnology Information, most medical negligence cases take economic damages (medical costs, etc.) and noneconomic damages (paint and suffering) into consideration.

Medical Negligence and the Doctrine of "Res Ipsa"

Proving medical malpractice is difficult, especially since medical reports, etc. are often written by the accused doctor or nurse. U.S. law recognizes this fact and allows victims of medical malpractice to apply the doctrine of "res ipsa loquitur" to their cases; a Latin phrase that translates to "the thing speaks for itself." In short, this doctrine implies that the victim doesn't need to show absolute proof of negligence; he / she only needs to prove that the injury could have been avoided if the defendant acted differently.

Res Ipsa lessens the plaintiff's burden of proof. In order to employ this doctrine, the plaintiff must show that:

  • The plaintiff did not cause the injury
  • It is impossible to obtain evidence of the malpractice
  • The type of accident, injury, or illness does not occur without negligence
  • The defendant(s) controlled the circumstances that led to the injury
  • The injury could not have occurred under circumstances outside of the defendant's control

If the court invokes the doctrine of res ipsa loquitur, you are no longer hold the burden of proof; instead, the defendant is responsible to show that he / she did not commit an act of negligence.

"How much is my medical malpractice case worth?"

If you suspect that your injury was caused by medical neglect, you probably have a lot of questions about your rights as an accident victim, such as "How much is my case worth?" United States law does not designate an amount of money that you can collect for medical malpractice. In fact, every negligence settlement is determined by the unique facts surrounding the case.

Factors that can affect the value of your claim:

  • How much money do you owe in medical expenses?
  • How much money did you lose by missing work (lost wages)
  • How much money will you need for future medical costs, care, and procedures?
  • Did the injury result in significant mental anguish, pain, or suffering?

Contact Henningsen Injury Attorneys, P.C. to learn more about your legal rights and options with our firm. We believe that careless doctors, nurses, surgeons, and other care providers should be held responsible for their actions.

Call our office for FREE evaluation of your case. You can also fill out an online case evaluation form to contact is directly. Take the first step toward the compensation that you deserve and speak with our Atlanta medical malpractice lawyers today. For additional information about medical malpractice lawsuits in Atlanta, GA, please visit our medical malpractice page.

Phone Number: (404) 800-6356

Location: 3405 Piedmont Road Northeast #500
Atlanta, GA 30305

What People Are Saying About Henningsen Injury Attorneys

"Todd worked on my case non-stop for almost three years and reached a great settlement at the end. It was a complicated case (motorcycle accident) and he worked very hard on it . He carries himself very well and is very knowledgeable. He does his homework and research on your case down to the last detail. I would highly recommend this attorney for any personal injury case! Great honest man!!"

S.W.