Any lawyer outside there will tell you that the most difficult claim to prove when it comes to personal injuries is medical malpractice. That is why if you get yourself in such a situation, you must never rely on yourself but instead hire a Kentucky medical malpractice lawyer to play the hardball for you with the insurance companies. Remember, there are specific aspects that need to be proven for a case to amount to a medical malpractice situation that can attract compensation or, rather, indemnification if the outcome isn’t that fatal.
So, what are some of these specific aspects that your lawyer may need to prove? Well, they include but aren’t limited to the following, depending on the nature of the case:
- Doctor-patient relationship
Before even anything else, for the claim to be sustained, your lawyer must prove that you were the patient to a doctor whose negligence has caused you damages and harm. In that regard, the medical records of the clinic or hospital that you were treated in should suffice. Someone who also frequently escorted you to the doctor can also stand at the witness stand and corroborate your statements.
- Substandard care
Proving substandard care is like proving negligence. Your lawyer must be in a position to demonstrate that the doctor violated standard ethics of practice that expects him to give high-quality medical care to every patient. In brief, the lawyer is trying to show that the doctor never acted reasonably, the way a skilled and competent medical practitioner should.
The damages here include the emotional and psychological pain that the malpractice put you and your family through. It may also cover the expenses that you’ve incurred as a result of your new condition, which has been caused by someone else’s mistake. Your lawyer needs to prove this, and that is why you need an experienced company like Wilt & Thompson, PLLC to do in on your behalf. A seasoned lawyer will know the kind of witnesses to bring to the stand when it comes to this point, or the type of evidence to table.
Lastly, your medical malpractice lawyer may need to prove that there was death as a result of the negligence, especially if you are filing the suit on behalf of the deceased. It is actually absurd that as a family, you may have to show proof that someone is dead even though you clearly know that you buried them some time back. In that regard, you’ll need to furnish your lawyer with an autopsy result, or if you approached the attorney before burial, he can facilitate for one. Another way of going about this is that your relative wouldn’t have lost his/her life if it were not for medical negligence. The attorney must fully prove that.
It is quite absurd that there are still many people there who are victims of medical malpractices and are still afraid to press claims. You need to get a nearby lawyer as soon as possible because you cannot suffer because of someone else’s mistakes. Moreover, medical malpractice lawyers operate on a contingency-fee-basis, and so you have nothing to lose.