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What Type Of Evidence Is Required In A Medical Malpractice Claim?

What Type of Evidence Is Required in a Medical Malpractice Claim?

A medical malpractice claim is one of the most difficult types of personal injury claims to win. This is, in large part, due to the fact that a victim will have to prove that the medical provider in question breached the medical standard of care, and that this breach was the proximate cause of the patient’s harm. In order to do this, strong and compelling evidence must be presented. At the office of Breit Law PC, our medical malpractice lawyers serving Virginia Beach, Chesapeake, Norfolk, and Hampton Roads can help. Reach out to our law firm directly to learn more.

Virginia Medical Malpractice Expert Witness

In order to win a medical malpractice lawsuit in Virginia, you must present evidence from an expert medical malpractice witness. In fact, per Virginia Code Section 8.01-20.1, at the time that you, as the plaintiff, request a service of process upon a defendant (the doctor or hospital against whom you’re filing suit), you must have obtained the opinion of someone whom you believe would qualify as an expert witness. The opinion must be written, and must state that the medical provider in question deviated from the standard of care and that this deviation was the proximate cause of your injuries. The only time that this requirement is waived is in the event that the alleged act of negligence clearly lies within the “range of the jury’s common knowledge and experience.”

Who Can Serve as an Expert Medical Malpractice Witness?

You can’t just recruit anyone to testify to the allegation that the defendant breached the duty of care owed to you; instead, you must obtain the opinion of an expert – a person of specialized knowledge, skill, and training in a particular area. More specifically, because you will need to prove that a breach of the medical standard of care occurred, you will need to work with an expert who can speak to the medical standard of care relevant to your injuries. The medical standard of care is the same degree of care that another professional of similar background, training, and education would demonstrate in the same situation. As such, if you were harmed by a heart surgeon, you shouldn’t call upon a podiatrist, and vice versa.

Other Types of Critical Evidence You’ll Need 

In addition to the testimony of an expert or multiple experts who can speak to the fact that the defendant breached the medical standard of care owed to you, you’ll also need evidence that proves the extent of damages you’ve suffered. Again, experts may be called upon, including psychiatrists and mental health experts, doctors, and financial experts. Your friends and family may also provide testimony about how the accident has affected your life (and theirs).

Reach Out to Our Medical Malpractice Attorneys Today 

If you have been harmed at the hands of your doctor and believe that you may have a medical malpractice case, our lawyers can help. Learn more about how much you can recover and steps to take now by contacting us today. Please reach out to our law firm directly by phone or online to schedule a free consultation.


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