How do I prove medical malpractice?

Proving medical malpractice took place is not always as simple as it might seem. In order to have a strong chance of securing fair compensation in a medical malpractice suit, you must be able to prove a number of things to the court. It is always easier and more effective to pursue a medical malpractice suit with the guidance of an experienced attorney who can help you understand the nuances of the law and how it applies to your experience.

Generally speaking, medical malpractice mostly assumes that some member or members of the team providing your medical care acted negligently. However, proving negligence requires meeting a number of standards.

First, you must demonstrate that the individual who allegedly harmed you through their negligence owed you some duty of care. This is clearly established in a doctor/patient relationship, but not always as clear elsewhere.

Second, you must demonstrate that a standard of cares exists and that this standard of care was violated by some member of the team providing your medical care.

Third, you must demonstrate that this violation of the accepted standard of care bears a causal relationship to your injury.

In addition to meeting these standards, you must also demonstrate that some actionable injury actually took place. If, for instance, some member of your medical care team acted negligently, but there were no concrete consequences and you suffered no real harm, a medical malpractice suit is unlikely to succeed.

Do not hesitate to reach out to an experienced attorney to help you explore your options for physical and financial recovery from medical malpractice. With proper legal counsel, you can rest assured that your rights remain secure as you seek justice for your losses.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases," accessed June 02, 2017