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

| Feb 14, 2020 | Medical Malpractice

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.


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