Burden of Proof in Filing a Medical Malpractice Lawsuit in Cleveland
Home » Burden of Proof in Filing a Medical Malpractice Lawsuit in Cleveland
May 27, 2021
Written by: MellinoLaw
When filing a medical malpractice lawsuit in Cleveland, Ohio, you are responsible
for proving that your physician and/or the medical facility was negligent.
Seeking legal counsel for assistance is a great idea, but here is some
evidence you will need to show a lawyer before he or she can build a case
on your behalf.
Any doctor’s visit or medical treatment that may have led to your
current medical condition will be important to your case.
In addition to helping create a paper trail that led up to the incident
in question, bills may be useful in establishing the amount you should
be compensated for your injuries.
Information About the Doctor
Be sure to prepare a list of every physician who treated you. It should include:
the dates you were treated;
the location of treatment; and
why you were seen.
You also may want to write down the contact information for other medical
staff, such as nurse practitioners, pharmacists, therapists, and the like.
Documents to Prove Earnings
Wage information is particularly important if your condition has prevented
you from being able to go to work.
Depending on your particular circumstance, you may need other types of
evidence. Contact our medical malpractice attorneys who can explain what you will need to
provide in order to prove your case.
It is important to note that you must also show that your treating physician
acted outside the reasonable standard of care required. This typically
entails hiring an expert witness who will investigate the procedures your
doctor performed and determine whether his or her actions fell below the
accepted standard of care. You also must show that negligence resulted
in your current state of health.
Establishing a Doctor-Patient Relationship
Another facet of your burden of proof is establishing that a doctor-patient
relationship existed between you and the named physician. Once demonstrated
via doctor’s visits and prescribed treatments, you then establish
that the doctor owed you a duty of care. This means the physician should
have treated the condition within acceptable standards andeffectively communicated the course of treatment along with follow-up care.
A patient is entitled to file a medical malpractice suit if his or her
doctor failed to adequately explain what treatment he or she would be
undergoing. Dangerous medical errors have occurred when medical staff
failed to ensure that patients understood what was required during their
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.