Your first duty in a winning medical malpractice case is to prove negligence. Whether it stems from an action or a failure to act by your doctor, negligence is conduct that grossly deviates from the standard of care required by law. For example, the failure of a doctor to order the proper tests or incorrect treatment of a diagnosed disease may be considered malpractice. However, doctors are not responsible for the outcomes of all medical situations that turn out badly. Hence, many winning malpractice cases stem from unexpected results of routine procedures or deaths from seemingly mundane courses of treatment. Common complaints brought forward in medical malpractice litigation include cancer misdiagnosis, birth and c-section complications, plastic surgery malpractice, anesthesia accidents and prescription errors.

Another guideline to a winning medical malpractice case is an injury that meets the criteria of being demonstrable, serious and lingering. If you’re merely sick of suffering from headaches following treatments, get ready for a difficult medical malpractice litigation. However, if those headaches are recurring, debilitating and demonstrable, you’re in business – and much more likely to have a solid medical malpractice case. A demonstrable injury makes the difference between hearsay and actual evidence – and overwhelming evidence is at the core of any successful litigation. Bottom line – be ready to prove your injury and its effects before filing suit.

In that vein, be sure to obtain copies of your medical records before pursuing a medical malpractice case. Even if your facility tries to prevent you from obtaining them, you have a legal right to your personal information, and treatment records are at the core of any successful medical malpractice case. These records may assist in your consultation with a medical malpractice lawyer, but be aware that a lawyer can also help you obtain these records if necessary.

Even if you think you have a solid foundation for a medical malpractice case, consult with a professional before filing suit. After all, juries are notoriously biased towards doctors, and insurance companies are in the business of making money, not paying it out to defendants. It may seem daunting, but a solid medical malpractice case should ultimately prevail in court. Make sure to marshal the evidence and evaluate your case (with the help of experienced counsel) before wasting your time and money.