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"To prove a case of medical malpractice, you will need to prove that the medical professional you are filing your lawsuit against committed medical negligence. In order to prove medical negligence, you and your attorney will need to provide enough evidence to support the 4 D’s: duty, dereliction, damages, and direct cause.</p>\n<p>Duty refers to the doctor’s duty of care to you as a patient. In order to hold a medical professional accountable in a lawsuit, you must have a formal professional-patient relationship. For example, you cannot file a lawsuit against a nurse friend for offering you advice outside of the workplace, but you can file a lawsuit against a doctor who treats you in the hospital. To prove duty of care, you will simply need to provide documentation that the professional in question treated you in a professional capacity.\nDereliction refers to a doctor’s deviation from the standard of care set by the healthcare industry. You will need to prove that the doctor or other medical professional acted in a way that a similarly-trained, reasonably prudent person in the same position would not have under the same circumstances. You may need to consult with medical experts to prove this element – at Colburn Law, we have access to a network of experts who can provide testimony in your case.\nOnce you establish dereliction, you will then need to prove direct cause. Direct cause states that the doctor’s actions directly led to the injuries or worsening condition that you suffered. For example, if a doctor misdiagnosed your cancer and your cancer worsened due to a lack of treatment, you will need to prove that you would not have suffered from these injuries if the doctor upheld the standard of care and provided an accurate diagnosis. You may need additional expert witnesses and medical records to prove this element.\nFinally, you will need to prove that you can collect damages in your lawsuit as a result of the malpractice. You can claim both economic and non-economic damages in your lawsuit, such as medical expenses, a loss of quality of life, chronic pain, emotional anguish, lost wages, and disability. Depending on the type of damages you are claiming, you will need to provide evidence proving that you need them, such as medical bills."
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