How to Prove Negligence in Medical Malpractice Cases

What is Negligence? 

To start, it’s important to have a clear understanding of the term “negligence” and what that means legally, and more specifically in the medical sense.

The universal and the legal definitions of negligence are very similar, but in legal terms negligence refers to a failure to provide reasonable care in a situation where it’s legally required.

In a medical setting, misdiagnosis, improper treatment, after care or general mismanagement of a patient’s health could potential be indicators of negligence. However, there are also scenarios where a misdiagnosis or improper treatment may not rise to the level of negligence.



It should also be noted that proving negligence isn’t enough to win a medical malpractice case. 

What Is a Standard of Care?

Standard of care, sometimes referred to as “degree of care”, is what a competent, properly trained professional would do in the same circumstances. Applied in a medical setting, this is what a reasonable doctor, nurse, or other medical professional in a particular specialty should do or would do in a specific medical situation.

If the service provided by a medical professional does not meet this standard of care, they could be found liable, or legally responsible, i.e. negligent.



Again, simply proving a doctor’s treatment failed to rise to the proper standard of care doesn’t necessarily guarantee a verdict in the patient’s favor. 

Most Common Forms of Medical Malpractice

There are many reasons why a former patient may bring forth allegations of malpractice. These failures or errors generally fall within the following categories:

·       Misdiagnosis or failure to diagnose

·       Errors in surgery

·       Errors regarding medication

·       Errors in anesthesia

·       Childbirth injuries

When considering whether or not to make a claim against your current or past physician, surgeon or medical doctor, you need to make sure your circumstances meet those required to make a substantial claim.



If you’re not sure your case qualifies, don’t hesitate to reach out to one of the experienced medical malpractice attorneys that partner with ATL Elite Lawyers. 

Circumstance Needed to Make a Malpractice Claim

·       The doctor you are suing treated you in their office or you were clearly in their care as a patient.

This sounds simple but if you just had a conversation with a doctor in a public setting (like a mutual friend’s party or some other social engagement), made health decisions based on that conversation and subsequently suffered some sort of injury or complication, you are likely out of luck. You have no legal right to make a claim against any medical professional unless you can prove some type of official doctor-patient relationship had been established.

·       The doctor, nurse or other medical professional was negligent/violated widely accepted standards of care.

This means that a doctor can’t be held responsible just because a procedure or surgery did not go well or did not yield the outcome you (the patient) were seeking. The presence of an injury or undesirable results is not enough for a malpractice case.

During your case, your medical malpractice attorney will need to obtain sworn testimony from a doctor, surgeon or instructor in the same field explaining what the standard of care is and if/how your doctor failed to provide it.

·       The injury was the direct result of the lack of care.

It’s not enough to just prove that medical personnel or staff were negligent and violated standard of care expectations. You and your attorney must also prove that the harm or injuries sustained would not have happened if this standard of care had been applied.

·       The injury has led to extreme damages for the patient.

The term “damages” encompasses a wide variety of things for you, the patient. This includes requiring further medical attention, additional medical bills that accompany that care, loss of wages as the result of the injury or psychological and emotional distress.

One or all of these damages are possible after a diagnosis, surgery or treatment has gone wrong. It is also important that you can prove these damages are to an extreme degree and have added undue stress to your life.

Simply put, if the only result of a misdiagnosed sinus infection was an extra week of congestion, chances are those damages won’t be enough to justify a case.

What Evidence Do You Need?

As stated before, an injury alone is not grounds for a medical malpractice case. Negligence or a violation in standard of care procedures must be proved. But what does that mean for you?

Well, documentation plays a major role in successful medical malpractice cases. This includes all charts, notes and medical records for the injured party.



Witness statements, signed affidavits, expert witness testimony and other evidence is required as well. You will need to make sure you have all your evidentiary ducks in a row if you want to seriously pursue a case of medical malpractice. 

What About Statue of Limitations and Statute of Repose?

A few other important things to keep in mind are the statute of limitations for medical malpractice cases in Georgia as well as the statue of repose. There are only two years allotted from the discovery of an injury due to malpractice (or death) to file paperwork and make an official claim to the courts. Additionally, there is a five-year statute of repose, which means there are five years total from the time of the surgery or treatment to make a claim, even if that injury occurred after the fact.

If your orthopedic surgeon made a mistake on your hip replacement, but it wasn’t discovered until a year after your surgery, the two-year statute of limitations clock would start at the date of discovery. The five-year statute of repose clock started on the date of the surgery.

It may seem like a lot to undertake on your own. The process can admittedly be a little overwhelming. That’s why having a medical malpractice attorney who is well-versed in health care mistake cases on your side is so important.



The Atlanta personal injury attorney’s that partner with ATL Elite Lawyers have vast experience in these types of malpractice cases. If you or a loved one have been injured or a death has occurred as a result of suspected malpractice, please don’t hesitate to contact one of the attorneys in our network for a free consultation.