How is Medical Malpractice Proven?

Proving medical malpractice is complex and requires more than showing you suffered a poor outcome. To succeed in litigating a medical negligence claim, one must demonstrate that a healthcare provider deviated from the accepted standard of care, that said deviation significantly increased the risk of harm to a patient, and that such increased risk was a substantial factor in the ultimate harm suffered. The harm suffered, or the damages, must be serious and permanent in nature, as otherwise you may lose more than you gain by bringing a claim due to the expenses associated with litigation and expert fees. Extenuating circumstances can make even the most open and shut case difficult to win. One cannot sue for medical malpractice only because they had an unfortunate outcome while in the hospital. A successful malpractice case must establish the following four things:

Requirements for Proving Medical Malpractice

To succeed in a medical negligence claim, you must prove four essential elements:

1. Liability: A deviation from the Standard of Care occurred
   The standard of care is defined by what a reasonably competent (i.e. average) healthcare provider would do under the same or similar circumstances. Doctors are measured against other doctors within their same specialty. Establishing a deviation from the standard of care occurred is the first step in proving a medical malpractice case. This is also known as establishing liability.
2. Causation
   Once a deviation (or multiple deviations) from the standard of care is established, the next step in proving a medical malpractice claim is establishing causation. Specifically, one must demonstrate that the provider’s negligence significantly increased the risk of harm to a patient. Without a causal link, the potential claim cannot succeed. Moreover, the increased risk of harm must have been a substantial factor in the injury sustained.
3. Damages
   Once liability and causation are established, proofs must be presented to demonstrate a significant / permanent injury. These proofs may include but are not necessarily limited to medical expenses, lost or reduced earning capacity, lost enjoyment of life, disfigurement, humiliation, pain and suffering, and/or a spouse’s loss of consortium.

These elements form the foundation of any actionable medical negligence claim.

Evidence Needed to Prove Medical Malpractice

To prove medical malpractice, strong and well-documented evidence is required. Common types of evidence include, but are not necessarily limited to the following:

• Medical records and treatment history
  Detailed records of your care, including doctor’s notes, procedures, medications, and hospital visits, help establish what treatment was provided.
• Expert witness testimony
  In New Jersey & Pennsylvania, it is not enough for a firm to feel strongly about a case in order to file a lawsuit. Firms also require the support of an independent expert in the same or similar field(s) as the target(s) at issue. The independent expert(s) will review the records and weigh in on whether there were deviations from the standard of care that significantly increased the risk of harm. A case cannot survive without expert support. In New Jersey, an expert in support of a case will sign an affidavit of merit, or a sworn statement attesting to the negligence they believe occurred. In Pennsylvania, the attorney filing suit will sign a Certificate of Merit attesting to an independent expert’s support.
• Diagnostic tests and imaging results
  X-rays, MRIs, lab results, and other diagnostic tools can reveal errors, delays, or misdiagnoses in treatment.
• Proof of damages and financial losses
  Documentation such as medical bills, evidence of lost wages and/or earning capacity, psychiatric and/or vocational evaluations, familial interviews, and estimations relating to future care costs / needs can help to illustrate both economic and non-economic losses that the law considers compensable.
• Witness statements
  Testimony from family members, nurses, staff, or others present during treatment may help support your claim.
• Photographic or video evidence
  In some cases, images of injuries or conditions as well as video footage can help to prove the extent of harm suffered.

Medical Negligence Claim Process

The medical negligence claim process involves several important steps, and requirements can vary slightly depending on whether your case is in New Jersey or Pennsylvania. Understanding how the process works can help you take the right action early and protect your rights.

1. Consult a Medical Malpractice Attorney

An experienced attorney can evaluate your case and ensure all legal requirements in your venue are met. This is especially important given strict filing rules and deadlines in both states. Weiss & Paarz can assist with medical malpratice claims in New Jersey, Philadelphia, and in some cases, nationwide.

2. Obtain and Review Medical Records

The first step to investigate a potential claim involves gathering all of the potentially relevant medical records, including hospital admission or ER visit records, test results, imaging studies, charts from outpatient providers, patient portal information, and/or communication records between patients and their provider(s). These documents are essential for evaluating whether negligence occurred.

3. Seek a Medical Expert Review

Both New Jersey and Pennsylvania typically (though not always in all cases) require the support of a qualified medical expert prior to filing a medical malpractice claim.

• In New Jersey, an Affidavit of Merit is usually required early in the case. This document confirms that a licensed professional believes your claim has merit.
• In Pennsylvania, a similar requirement exists in the form of a Certificate of Merit, which must be filed by your attorney within a specific timeframe after initiating a claim.

4. File the Medical Negligence Claim

Once a case gains the support of one or more experts, an attorney can formally initiate the lawsuit by filing a Complaint, which outlines the extent of negligence allegations against a certain provider, multiple providers, and/or their employer(s)/apparent employer(s). A filed Complaint must then be served on all the parties to a particular lawsuit which initiates a process called discovery, which constitutes the bulk of a medical malpractice case.

5. Discovery and Case Development

During the discovery phase, both sides to the lawsuit exchange documents and information. They also conduct depositions. Witnesses and parties testify during depositions and all of the information gathered is used to draft expert reports. Expert reports are exchanged and in New Jersey, expert depositions may also take place during discovery. Discovery constitutes the bulk of any medical malpractice case and may take years to complete.

6. Dispute Resolution or Trial

Many medical malpractice claims are resolved through mediations and/or settlement negotiations. When an agreement between the parties cannot be reached, the case may proceed to trial, where a jury will determine the outcome.

Medical Malpractice Claims in New Jersey and Pennsylvania

If you are considering a medical malpractice claim in New Jersey or the Philadelphia area, it is important to understand that state laws and filing deadlines may apply. Acting quickly can make a significant difference in the success of your claim.

Working with an experienced medical malpractice attorney ensures your case is properly evaluated and filed within the required time limits.

If you believe you have a valid medical negligence claim, contact Weiss & Paarz today to discuss your case and explore your legal options.