Menu Contact
The Law Offices of Dan F. Partin

Free Consultations | 24/7 New Client Intake | Home and Hospital Visits

Talk to an attorney
859-359-7390

this is an advertisement

Firm Update: We remain open and are accepting new clients. In response to the threat of COVID-19, we are offering video and telephone consultations. Please call or email our office to discuss your options.

What is needed to prove fault in a medical malpractice case?

No matter how experienced a doctor is, medical mistakes sometimes happen. And when a patient suuffers an injury because of the error, a medical malpractice case could be justified. But just how does a patient prove that a doctor failed to meet the proper standard of care?

Was the doctor negligent?

To prove negligence, a plaintiff must show:

  • A doctor/patient relationship existed
  • The standard of care and how the health care professional didn't meet that standard
  • How the deviation from that standard resulted in the patient's injury

Was the patient injured?

Other medical professionals who aren't affiliated with a specific case must show that a doctor's conduct failed to meet the standard of care and left the patient with a lasting injury. The medical professionals testifying must be an expert in the same field of medicine.

Was medication or treatment wrongfully prescribed?

If a patient is left harmed after use of a specific medication, a doctor can be liable if the incorrect medication or dosage was prescribed or if the doctor failed to advise the patients of risks or side effects. The latter also is true if a medical device prescribed for treatment injures a patient or if the doctor fails to follow the manufacturer's instructions.

Did the patient give informed consent?

A doctor's failure to get a patient's "informed consent" for a medical procedure can rise to the level of medical malpractice. Under informed consent, a doctor must tell a patient about the benefits and risks of prescribed procedures or treatments, such as surgery.

These are just a few of the benchmarks that must be met for a successful medical malpractice case. If you or a loved one has been harmed by a medical procedure, an attorney experienced with medical malpractice can meet with you to evaluate your circumstances.

No Comments

Leave a comment
Comment Information
U.S.COURT OF APPEALS Fayette Country Bar Association KENTUCKY BAR ASSOCIATION | 1871 KENTUCKY JUSTICE ASSOCIATION UNITED STATES DISTRICK COURT EASTERN DISTRICT OF KENTUCKY DEPARTMENT OF THE AIR FORCE | United States Of America

Tell us about your needs.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

424 Lewis Hargett Circle, Suite 50B
Lexington, KY 40503

Phone: 859-359-7390
Fax: 859-381-0201
Lexington Law Office Map

107 S. Main St.
Harlan, KY 40831

Phone: 606-909-4794
Fax: 606-573-2150
Harlan Law Office Map

133 W. Chester Ave.
Middlesboro, KY 40965

Fax: 606-248-4483
Middlesboro Law Office Map