Q: How do I show proof that medical malpractice occurred?
A:To win a medical malpractice case, there must be convincing evidence that injuries or damages were sustained due to an error on behalf of a medical professional who had a duty to treat you. In the state of Georgia, there is a requirement in place for your lawsuit which must be met before it can be filed. Called the "affidavit to accompany charge of professional malpractice", the requirement calls for an expert witness who is competent to testify to review your case and evaluate its merit.
Your attorney will locate this expert before your claim is filed. The expert must pinpoint at least one negligent act or omission that has a factual foundation to stand upon in court. The expert witness will review your medical records and if it is agreed that medical malpractice has occurred, he or she must sign the affidavit attesting to that assertion. That document is then attached to the claim before filing.
The affidavit is a step which only some states, like Georgia, require when filing a medical malpractice claim.