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

In order to prove a medical malpractice claim in Virginia, you will need to provide evidence of four elements: duty, breach, harm, and causation. Duty is an obligation a medical care provider has to provide reasonable care for their patient. Breach is a failure to meet the standard of care required of a reasonable provider. Harm is an injury or damage caused by the breach. And causation is a link between the breach and the harm. In most cases, evidence to support a claim of medical malpractice will come from medical records and expert testimony from a qualified medical professional. The medical records may illustrate the care or lack of care that was provided while the expert can explain why the medical care fell below the expected standard. In some cases, medical testing or scans will also be needed to prove that the injury or damage that occurred was caused by the medical professional’s breach. In addition to medical evidence, an individual also needs to provide evidence that they have suffered some kind of economic or emotional harm due to the medical malpractice. Economic evidence may include bills and documentation of lost wages and emotional evidence may be in the form of testimony of emotional distress or mental anguish. In summary, to prove a medical malpractice claim in Virginia, an individual needs evidence of duty, breach, harm, and causation, which can come from medical records, expert testimony, and evidence of economic and emotional harm.

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

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