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How do I prove fault in a medical malpractice case?

| Aug 31, 2018 | Medical Malpractice

Do you believe you are the victim of medical malpractice? Sadly, this is a common occurrence even with the training and technology available today. Medical malpractice can occur in various ways, including surgical errors, failure to prescribe medication, prescribing the wrong medication and many others. So, how do you prove fault in a medical malpractice case?

For any medical malpractice case to move forward, there needs to be the perception that the medical professional in question acted negligently towards the patient, which ultimately led to the issue. To prove negligence, you need to show the following:

  • The medical professional owed the patient some sort of duty of care
  • The medical professional deviated from the standard of care, which led to the duty of care being broken
  • There is a connection between the deviation from the standard of care and the injury to the patient
  • The patient suffered an injury

Another thing you need in a medical malpractice case in order to prove fault is informed consent. All patients are rightfully entitled to information about their procedure. If the doctor or nurse fails to explain the procedure, the possible side effects and answer any questions, it means that there is a lack of informed consent present.

You can also argue res ipsa, which means that it speaks for itself. For example, you only need to show that you were injured due to someone else’s negligence and not have to worry about proving what part of the procedure caused the injury.

Proving fault in a medical malpractice case can be difficult. It’s important to have evidence in place so you can receive a successful outcome. If you don’t, it could lead to appeals and the possibility that you don’t see any compensation for your injuries.


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