Can I Prove My Medical Malpractice Case?

So you believe or suspect that you have been injured as a result of medical malpractice, but you are not sure you can prove it. The thought of trying to prove medical malpractice unfortunately keeps many victims from bringing medical malpractice claims. The truth is, a medical malpractice victim does not need to prove his or her case because with your cooperation, it is really up to medical malpractice attorneys and expert witnesses to prove your case.

Medical malpractice elements

The following elements must satisfied to prove that medical malpractice took place:

  • A physician patient relationship existed
  • Negligent conduct occurred, which is proven by showing that a medical professional breached the medical standard of care
  • The plaintiff’s injuries were a result of the negligent conduct
  • The plaintiff must have quantifiable damages for which he or she can be monetarily compensated

Proving your medical malpractice case

If you or a loved one has been injured due to medical malpractice, contact Philadelphia medical malpractice attorney, Eric Weitz, to schedule a consultation. We have over two decades of medical malpractice experience and we are dedicated to seeing that our clients are compensated for their injuries and damages. Our medical malpractice team will take the following steps in order to prove your case and maximize your compensation:

  • If needed, set up an independent medical evaluation so that we have an objective evaluation of your injuries
  • Examine the totality of your injuries and damages to help you determine an amount that will fully compensate you and your family
  • Obtain and review medical records
  • Hire expert medical witnesses and gather necessary evidence to prove your case
  • Negotiate with insurance companies and defendant attorneys

Settlement or trial

Often our clients come to us wondering if we can settle their case instead of going to trial. We understand that concern and we can take steps to help secure a settlement with the defendants. If your goal is to settle the case out of court, your case is strong, and the defendants are willing to negotiate, we will do what we can to avoid a trial. Depending on the facts of your case, we may be able to show solid evidence and arguments in your favor up front, which bolsters your case and may possibly move it into settlement discussions. If defendants have concerns about their legal exposure and the possibility of a large jury verdict, they may prefer to settle as soon as possible. On the other hand, if the defendants’ settlement offers are unfairly low, we will be looking out for your best interests and may advise you against settling for an amount that does not fairly compensate you. Whether your case ends in settlement or it goes to trial, our goal is to see that you are compensated for your injuries.

If you or a loved one has been injured as a result of medical malpractice, contact Philadelphia medical malpractice attorney, Eric Weitz, with The Weitz Firm, LLC. Our medical malpractice team will review your case and discuss your options. Advocating for medical malpractice victims is what we do and we want to see that you receive maximum financial recovery for your medical malpractice injuries and damages.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.