Medical Malpractice and Burden of Proof

Our reliance on the medical community is very strong, and it can be hard to believe your suffering is a direct result of their negligence. If you have suffered an injury you believe is due to health care provider’s negligence, a medical malpractice lawsuit may be the only way for you to get just compensation for bills, loss wages, and suffering. Proceeding with a medical malpractice suit means you need the skills of an experienced malpractice attorney.

To pursue a claim, Texas law requires specific elements in pursuit of that claim. The following discusses what information you need to provide to the court to prove your provider committed medical malpractice.

Doctor Patient Relationship

First, you will need to prove that you had doctor-patient relationship with the defendant. This relationship holds the doctor liable in the eyes of the court if the doctor did not provide you with proper care. A doctor-patient relationship is established when a doctor agrees to see and treat you. This information is straightforward and should be easy to provide to the court.

Proof of Negligent Care

Here, the focus is on proving your doctor or healthcare provider did not act with the skill and care that a similar health care professional would have used under similar circumstances. This is referred to as the medical standard of care and is a critical part of any medical malpractice case.

To establish a medical standard of care, you must identify a difference in your doctor’s actions compared with what other professionals would have done in a similar situation. The most common way to demonstrate this is to have health care professionals testify as expert witnesses, describing what a competent doctor would do in a similar situation. Both sides typically present expert witnesses to show the doctor did or did not meet the medical standard of care in your case.

The Link between Patient’s Injury and Doctor’s Negligence

It is not sufficient to prove that the doctor made a mistake or acted in a manner that most doctors would not have acted. You must also show that the doctor’s actions, or lack thereof, caused your injury or made your health condition worsen. The goal is to show that the injury was not the result of underlying medical conditions but solely due to your doctor’s substandard care.

Problem of Proof

Proving a health care provider is guilty of wrongdoing can be difficult. One reason is that the defendant is usually the one who writes the medical report on which the lawsuit is based. Sometimes, health care providers write reports in a manner to protect them from misconduct.

The law recognizes the difficulties plaintiffs face when proving medical negligence. When it is clear that an injury would not exist without some type of negligence from the provider, the plaintiff may invoke “res ipsa loquitur.” This legal doctrine, translated from Latin, means “the thing speaks for itself.” It signifies that the injured person only needs to prove there would be no injury if there had not been negligence.

Once res ipsa loquitur is in place, the burden of proof moves to the defendant to show that he or she was not negligent. To use this doctrine successfully, the injured party must show:

• It is not possible to show evidence of the cause of the injury
• The injury would not occur without negligence
• The plaintiff did not cause his or her own injury
• The defendant was in control of the event that caused the injury
• The injury could not have been caused by any other means

If you have an injury that was caused by a doctor’s negligence, seek the expertise of a malpractice attorney right away. An experienced Houston attorney will be able to analyze the strengths and weaknesses of your case and give advice on how to proceed. Set up your free consultation by contacting Gordon, Elias, & Seely LLP today.