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Medical Malpractice

How to Prove Medical Malpractice

— May 19, 2023

Any carelessness causes serious injury to the patient’s health.

Medical malpractice refers to the act of negligence of a medical provider and physician for the standard of care. When a medical provider fails in maintaining the standard of care through which a patient has to suffer, then it comes under a highly serious matter in law. To prove medical malpractice, every state has different rules and regulations. In South Carolina, Charleston medical malpractice lawyers help in several legal procedures taken place to prove medical malpractice. 

To prove medical malpractice, the lawyers have to consider both the patient’s history and the law applicable. They help you in knowing the value of your case, by giving a demand letter to the party at fault. They will fight on your behalf in claiming the compensation you deserve. If the party at fault denies paying the compensation then your lawyer will move to court for attaining the compensation. 

In addition, of the hardest part of proving malpractice in a case is the breach of care in duty. Proving that medical provider doesn’t act responsibly will be difficult. Liabilities for the malpractices come upon the on-duty staff, doctors, and medical facilities – workers, nurses, administration of the hospitals, directors, and agencies. 

Ways to prove medical malpractice

The most common way of evidence is the patient’s testimony.

  1. Injury to the patient either before, after, or during the treatment.
  2. Neither maintaining the patient’s documents nor medical data properly.
  3. Performing the wrong surgery on the patient.
  4. The provider failed to detect the disease and the complications.
  5. Doesn’t take proper consent from the patient.
  6. The provider doesn’t have proper knowledge in the specialized field.
  7. Ignoring the laboratory results.
  8. ..and lastly, birth injury.

Sign to know whether malpractice has occurred or not.

  1. There was a delay in recovery time
  2. Dizziness and headache
  3. Nausea
  4. Infections
  5. Deformity and distress
  6. Dysfunction of organs
  7. Poor follow-ups
  8. Discharging before the patient recovers

Any carelessness causes serious injury to the patient’s health. Or any mistake either in a delivery room or in hospital care, the provider is liable to compensate them. Under the law of tort, medical malpractice is a very complex matter that has different forms and characters. Because the standard of care given to the patient is of very high standard. In India, the rate of medical malpractice has rapidly increased which raised a question of compensation. 

Difficulties in proving the malpractices in cases

Stack of paperwork. Image via Maxpixel. Claimed as public domain / CCA-BY-0.0.

There is a lot of complex evidence

Medical malpractice involves lots of evidence making it different from the personal injury case. It becomes difficult to understand the evidence for anyone without a medical background. Many times the patients themselves get confused about the injury that happened to them.

There seems to be no expert witness

To prove the case, the lawyer has to contact an expert with specific knowledge of the malfunction. Further, it becomes difficult to find an expert for a particular matter.


The number of medical malpractices in India is high. The most common malpractices seen in India are during surgery and childbirth. But this not only includes the injury but also includes the environment during the treatment. Further, the cleanliness and safety of the patients and the hospitals. So it has become necessary to expose the malpractices of medical providers.

No private complaint will be seen unless the matter has been given prima facie in front of the court. Furthermore, in India there are no special rights for the patients; all they have are indirect rights. 

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