What kind of evidence do I need to prove a medical malpractice claim?

In California, there are certain elements which must be proven in order to recover damages in a medical malpractice lawsuit. To prove a medical malpractice claim, you must demonstrate that the medical professional breached their duty of care owed to the patient and that the breach caused the patient to suffer an injury. To prove a medical malpractice claim, you must provide evidence of the following elements: 1. A doctor-patient relationship existed. 2. The medical professional was negligent in caring for the patient. This means that the medical professional failed to provide adequate care that meets the accepted standard of care for the medical condition at issue. 3. The negligent care resulted in an injury to the patient. 4. The injury caused the patient to incur damages. In order to prove negligence, you will need evidence that the medical professional deviated from the accepted standard of care in the medical community. This type of evidence may include a medical record audit, which is an in-depth review of the patient’s record by a medical expert. You may also need to present the medical expert’s opinion that the medical professional failed to meet the standard of care. This type of evidence is known as an expert opinion. Finally, you must provide evidence that the injury caused the plaintiff to incur damages. This type of evidence may include medical bills, lost wages, and statements from medical experts or family members that describe the impact the injury had on the patient’s life. By providing evidence of the required elements, you can prove a medical malpractice claim and seek compensation for your losses.

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