How to Prove Medical Malpractice

Proving medical malpractice requires more than showing that a healthcare provider made a mistake or that a patient’s condition became worse. To understand how to prove medical malpractice, you generally need evidence establishing that a healthcare provider owed you a duty of care, failed to meet the applicable standard of care, that this failure caused your injury, and that you suffered damages as a result. 

Medical records, treatment histories, medical bills, and other documentation can help establish what happened, but expert medical testimony is often essential for explaining the appropriate standard of care, identifying a breach, and connecting that breach to the patient’s injuries.

Arizona medical malpractice claims also involve specific requirements that patients should understand before pursuing a medical negligence claim. When expert testimony is necessary, Arizona law requires a certification regarding the need for expert testimony and a preliminary expert opinion affidavit addressing the expert’s qualifications, the factual basis for the claim, the alleged violation of the standard of care, and how the provider’s conduct caused or contributed to the claimed damages. 

Because proving these elements can require detailed medical evidence and qualified expert analysis, working with an experienced medical malpractice attorney in Arizona can help you evaluate the evidence, understand the applicable requirements, and determine whether you have a viable claim. They can also help you learn how to sue for medical malpractice and what the statute of limitations is on medical malpractice lawsuits!

Understanding Duty and Breach of Duty

‘Duty’ and ‘breach of duty’ are the two key parts of any medical malpractice lawsuit. You need to define these two elements to have a successful case. 

‘Duty’ means you need to show that you have a provider-patient relationship with the provider you are filing the suit against. Any healthcare provider who treats you has a responsibility to treat you. Doctors, surgeons, nurses, hospitals, and lab technicians have this responsibility. 

Once you prove duty, you must also prove breach of duty. This means you need to show that the healthcare worker failed to meet the standard of care that one would expect from their field.

What You Need for Proof

So, how do you prove duty and breach of duty? Here’s what you need to show the healthcare provider was responsible for treating you and how to prove they did not provide proper care:

Records

Records can help prove that the provider was responsible for your treatment in some way. You should get copies of your patient history with this provider, medical bills, prescriptions, and any emails or text messages shared between you and the provider about your health.

Expert Testimony

Experts can help you prove a breach of the duty owed. It can be difficult to prove medical malpractice without an expert’s insights on the standard of care and how the worker you’ve filed a suit against didn’t meet that standard.

Finding experts can be challenging and take a lot of time. This is why you should refer to your medical malpractice attorney–they will know which experts can speak to your experience and help prove your case.

Cause-in-Fact Evidence

In Arizona, you don’t need to prove that the mistakes the healthcare worker made were the main cause of your injuries or pain. You only need to prove that these injuries or damages wouldn’t have happened if the healthcare provider was providing a reasonable standard of care. 

For example, say a surgeon used unsanitized tools while operating on you and you suffered from an infection after the surgery. You could reasonably make a case that if the surgeon had cleaned their tools properly, you likely would not have had the infection.

Proximate Cause

In some cases, your healthcare provider didn’t directly cause the issue, but they were negligent. This means they failed to provide you with a reasonable amount of care, which is where an expert witness will help your case.

Let’s look at another example: say you have had obvious symptoms of a serious disease and repeatedly went to your doctor about these symptoms, and your condition worsened. While your doctor did not cause you to get sick directly, they did not diagnose or treat your illness, which allowed it to grow unchecked. This would be the proximate cause of harm.

Contact a Medical Malpractice Attorney

You deserve compensation for any harm done to you in a case of medical malpractice. This money can help you pay medical bills, feed your family, and relieve the stress of financial burden while you heal.

At Gage Mathers, we take every victim’s case seriously. Our goal is to fight for you and help you get back to your life. We have a 99% success rate, and we won’t charge you a single fee unless we win your case for you. 

Our Phoenix, Arizona team is available 24/7, so you’ll get regular updates on your case and feel assured that we’re on your side. Give us a call today!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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