How to Prove Medical Malpractice

Medical Malpractice

When people seek medical treatment, they expect their medical provider to be focused on their care and to act with their best interests in mind. But what happens when a medical provider makes a mistake, and a procedure goes wrong?

Unfortunately, too many patients suffer injuries, experience worsened conditions, or even die because of preventable medical errors caused by the people they entrusted to care for their health and well-being.

If you suffered a catastrophic injury because of a medical mistake, you and your family are entitled to compensation. But proving medical malpractice can be difficult. And because the stakes are high, medical malpractice cases are almost always emotionally charged and vigorously contested.

At Michigan Injury Attorneys, our lawyers know what it takes to prove medical malpractice. We have a proven record of success and the experience, resources, and expertise to bring your personal injury claim to a successful resolution. We will work hard to help you get justice and will fight to hold the wrongdoers accountable.

Elements of a Medical Malpractice Claim

To prove medical malpractice, you must establish the following:

  • The existence of a doctor-patient relationship;
  • The medical provider was negligent;
  • The doctor’s negligence caused your injuries;
  • Your injuries caused you damages.

Because these cases are civil claims, you must prove each element by a preponderance of the evidence. This means you must establish that it is more likely than not that a particular event happened. Another way of describing the burden of proof is that there is just more than a 50% likelihood that medical malpractice occurred.

The Doctor-Patient Relationship

You can only file a medical malpractice lawsuit against a medical provider who treated you. With doctors increasingly working in large hospital settings and so many more medical professionals taking a role in treating a patient, it can be difficult to know each and every provider who provided care. If a medical professional provided you with treatment, even if they simply read an x-ray or another diagnostic test, you may be able to establish that a doctor-patient relationship existed.


To prove medical malpractice, you must show that the medical provider’s treatment deviated from the acceptable standard of care. This is typically accomplished through expert testimony from another provider who practices in the same specialty as the person who provided you with medical care. You must prove that the doctor failed to treat you in a way that a reasonably competent doctor would have.


You must also prove that the medical provider’s negligence was the cause of your injuries. Some patients come to a doctor with other injuries or ailments that could have caused them harm. To prove medical malpractice, you must show that it was the medical provider’s negligence, and not some other condition, that caused you harm.


Finally, you must prove the specific harm that you suffered because of the medical provider’s negligence. In a case, the victim is entitled to recover financial compensation for:

  • Pain and suffering;
  • Disability;
  • Loss of income;
  • Loss of enjoyment of life;
  • Past and future medical expenses; and
  • Other economic harm.

Examples of Medical Malpractice

Medical malpractice can occur in any medical specialty. Examples of this include:

  • Birth injuries, such as cerebral palsy, shoulder dystocia, or hip dysplasia;
  • Surgical mistakes that result in paralysis or other complications;
  • Operating room errors like wrong-site surgeries or burn injuries;
  • Anesthesia errors that result in brain damage or death;
  • Radiology errors due to misreading X-rays, CT scans, or MRIs;
  • Unnecessary surgeries;
  • Lab mistakes;
  • Medication errors and overdoses;
  • Hospital infections and sepsis; or
  • Misdiagnosis and missed diagnosis.

How Do You Prove Medical Malpractice?

If you believe you were a victim of medical malpractice, Michigan Injury Attorneys can help. We start our investigation by requesting and reviewing your medical records. If you decide to file a lawsuit, you must start by submitting a Notice of Intent to File, which must be served on the potential defendants at least 182 days before the lawsuit is filed. Serving the Notice of Intent to File suspends the statute of limitations for 182 days.

When you file your Complaint, you must include an Affidavit of Merit signed by a healthcare provider who meets Michigan’s expert requirements. The Affidavit of Merit is a written narrative that explains how the defendant breached the standard of care.

Michigan Injury Attorneys Will Fight for the Compensation You Deserve

If you believe you were a victim of medical malpractice, don’t expect a hospital or doctor to admit their mistake. You will need to prove medical malpractice, and the only way to do that is by having your case reviewed by an experienced injury attorney.

Michigan Injury Lawyers will obtain and review your medical records and discuss your case with medical experts. If you have a case, we will work to negotiate a favorable resolution and fight to assert your rights in court.

To learn more, contact Michigan Injury Attorneys today to schedule a free, no-obligation consultation to discuss your case with an attorney.

Categories: Medical Malpractice