One of the biggest questions about medical malpractice suits is what is needed to prove the case. Most people understand that criminal cases need to be decided beyond a reasonable doubt for the person to be found guilty. Civil cases, like a medical malpractice case, however, needs much less proof to be successful. A Medical Malpractice Lawyer in Hollywood FL just needs to prove their side of the case with a preponderance of evidence.
What is a Preponderance of Evidence?
A preponderance of evidence means it’s incredibly likely that it happened. For example, it doesn’t need to be proven that the person was injured due to the doctor’s negligence, just that it’s very likely their injury would not have occurred had the doctor taken the proper precautions. If the doctor is also facing criminal charges for the incident, which doesn’t usually happen but can, the need for proof for a guilty verdict in criminal court is much higher than what is needed in the civil court.
What Evidence is Used in a Medical Malpractice Case?
* Evidence of a Doctor-Patient Relationship – It needs to be demonstrated that the doctor was acting in an official capacity and that the injured person was their patient when the incident occurred.
* Proof of Negligent Care – There needs to be evidence that a different doctor would not have done the same thing or made the same mistake and that the doctor acted negligently when caring for the person.
* Proof Injury Resulted From Negligent Care – Evidence should also include how the doctor’s negligence impacted the person and caused the injury. There needs to be a direct correlation between the negligence and the injury.
* Damages from Negligent Care – There must be quantifiable damages as a result of the injuries. That is, it can’t just be emotional damages. The person might show quantifiable damages through extra medical bills, therapy, and lost wages during their recovery from the injury.
If you believe you were injured due to the negligence of a doctor overseeing your care, contact a Medical Malpractice Lawyer in Hollywood FL today. A lawyer from the Law Offices of McCullough & Leboff P.A. will be able to discuss your case with you and help you obtain the compensation you may be qualified for.
