Proving Negligence in Medical Malpractice

How does one prove negligence in a medical malpractice case?

This is probably one of the single most difficult tasks in the civil system because we start with the assumption that doctors are not perfect in their practice, and that can be hard to digest. Often times, individuals are not sure if they have experienced medical malpractice. This article is intended to help you discover if you have a medical malpractice claim, and the necessary materials you will need to pursue it if you choose to. There are a few things that you have to prove in order to pursue a successful medical malpractice claim:

1. The standard of care was compromised and not adhered to properly. Doctors are humans just like everyone else and they are not expected to be perfect. However, they are expected to be reasonably competent. In other words, they have to meet the standard of care expected of a healthcare physician, so you will need to find a doctor who is willing to testify about what the standard of care typically is.

2. The next thing you will need to prove is that the doctor breached the standard of care. In other words, did the doctor do something that a reasonably competent doctor do? If the doctor did any of the following, you need to provide some sort of proof (documents, video, audio):

    • Failed to inform you of costs
    • Failed to make sure you were under anesthesia before operating
    • Sexually harassed you
    • Did not inform you of potential risks
    • Left something inside of you during surgery
    • Operated on the wrong side of you
    • Failed to diagnose you properly
  • Prescribed you the wrong medication

3. The third thing you will need to prove is causation. This means that what the doctor did not only was a breach in the standard of care, but resulted in injury (physical or financial) or harassment.  Did the doctor fail to wear latex gloves when operating on you and as a result you incurred an infection? If they failed to wear latex gloves and you did not incur an infection or injury because of this, you may not have a case.

Let a Medical Malpractice Attorney Fight for You

If you or a loved one has been injured or developed a medical condition as result of medical negligence, contact a skilled medical malpractice attorney. We have years experience in medical malpractice cases and will thoroughly investigate your case, consulting with the medical specialists we work with on a regular basis, and determine what type of financial compensation you are due for the losses you have suffered.

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