To secure compensation in an injury claim, you must establish that the at-fault professional in your lawsuit committed negligence that led to your injuries and damages. Negligence refers to a medical professional’s failure to uphold the standard of care expected by the medical industry when treating a patient.

To establish an at-fault physician’s liability for your injuries, you will need to gather clear and sufficient evidence to establish four important elements.

DUTY
The medical professional you are holding liable in your personal injury claim must owe you a duty of care at the time of the malpractice. This means that you must have received medical treatment from the professional at his or her office, hospital, or other medical facility. You cannot file a claim against a doctor friend who provides medical advice at a party, for example, but you could hold him or her liable if you visit his or her office and receive a misdiagnosis.

BREACH OF DUTY
After establishing duty of care, you must prove that the at-fault party was negligent in connection with the care you received. You must show that the medical professional caused harm to you in a manner that a similarly trained and competent professional would not have done under the same circumstances.

CAUSATION
Next, you will need to prove that the breach of care caused your injuries. Many malpractice claims involve pre-existing illnesses or injuries, so it is important to show that the at-fault party did cause the harm you suffered.

DAMAGES
Finally, you will need to prove that your injury resulted in damages you can claim in your lawsuit. These damages can include economic losses, such as medical bills, lost wages, disability accommodations, and property damage, if applicable. You can also claim non-economic damages for physical and emotional pain and suffering.

For example, say that you visit a doctor after experiencing blood in your stool and sudden weight loss. The doctor diagnoses you with a gastrointestinal condition without running the necessary tests to check for colon cancer. When your condition worsens, you visit another doctor who diagnoses you with stage II colon cancer.

In this situation, you can use your medical records to establish that you visited the first physician at his office and saw him in a professional capacity. The misdiagnosis would be the breach of care since your symptoms are indicative of colon cancer.

Your attorney can bring an expert medical witness to testify on the at-fault doctor’s actions and how an earlier diagnosis from a competent professional could have prevented your condition from progressing to its current stage. When establishing damages, your attorney can help you gather necessary records such as medical bills, pay stubs, and evaluations from life care experts and medical professionals.