What are the chances of winning a medical malpractice case? This is one of the most frequently asked questions in matters of injury laws. The answer can be disappointing, but if you get the facts on your side, you’ll have a better chance of winning the settlement. Proving medical malpractice can be complex, and trying to handle the case alone can further interfere with your chances of winning. However, your chances of winning depend on the lawyer representing you and the facts in your favor.

Here are the significant elements of a medical malpractice case:

Doctor-Patient Relationship

A lawyer must present evidence that the patient sought medical care from the doctor, the physician agreed to provide the care, and the doctor and patient exchanged information about the latter’s health. In addition, an attorney should show that the doctor delivered the treatment to the patient and had a duty of care for the patient. To prove that, a lawyer should present the medical records, appointment slips, or other documentation showing the doctor agreed to provide care. Also, an attorney should have notes of doctor-patient conversations and bills or other documents showing the physician-provided treatment. This will help you get the compensation you’re owed by the defendant.

Duty Of Care

In a medical malpractice claim, a lawyer must establish that the doctor owed a duty of care to the patient. In other words, the doctor was responsible for acting prudently and providing the patient with the standard of care that another qualified doctor would provide in the same situation. Expert testimony from doctors and other healthcare professionals can prove what was expected of the doctor, but they failed to. Also, the expert’s testimony will help the jury understand the complex medical issues involved and determine if the doctor was negligent.

Negligence Caused The Injury

Proving that the doctor’s negligence caused your injuries is complex. This is because most victims of medical malpractice cases are already sick when seeking medical care. This fact may be confusing as to what extent the doctor’s action or inaction caused harm to the patient. Therefore, a lawyer should show that the doctor misdiagnosed or delayed the diagnosis, leading to severe consequences. Also, an attorney should demonstrate medical or surgical errors, such as administering the wrong dosage that led to the patient’s suffering.

You Suffered Damages Due To The Injury

The lawyer must describe the impact of the patient’s injuries from the doctor’s negligence. A lawyer should prove that the patient’s quality of life decreased due to the doctor’s error or did not receive the standard treatment for their illness. If you suffered severe damages due to a surgical error, a lawyer should show the impact of the injuries on your life. Maybe the error led to disability and expenses such as hiring a caregiver and lost wages.

Documentation & Evidence

A lawyer must provide evidence and documents to prove the medical malpractice claim. The documents should include the patient’s past medical history, a detailed description of the patient’s physical condition, a diagnosis and treatment plan, and a hospital discharge summary. In addition, a lawyer may need the laboratory and imaging results, nursing notes, pharmacy records, and consent forms. It’s also essential to include X-rays, MRIs, and other imaging studies to show the patient’s condition.


It is important to note that medical malpractice laws vary from state to state, so the claim’s requirements and elements may differ depending on your location. Hire an experienced medical malpractice attorney for the best guidance and to increase your odds of winning the case. You must prove duty of care, breach of duty, and causation to get compensation.