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The Key Elements in Proving a Medical Malpractice Case

There is much more to a medical malpractice lawsuit than a person suffering from an undesirable outcome to medical treatment. A person will have to be able to prove several key elements in order to have a successful case, if they want sue and win a malpractice claim. Your healthcare provider or doctor owes you a legal duty by virtue of the relationship you share. This duty means providing you with care that is on the lines of the professional standards. To be able to prove a medical malpractice case, you need to be able to establish that a doctor or a healthcare provider did not meet the standard of care.

What does "standard of care" refer to?

When talking about "standard of care", it refers to those measures or actions that any reasonable healthcare professional in a community would undertake in similar situations. The particular community and the type of healthcare professional will determine whether the actions are considered reasonable or not. Due to the subjective nature of a medical malpractice case, it is always better to hire the services of a professional medical malpractice lawyer to advise you on your case.

Expert Testimony

In most instances, the testimony of a doctor as an "expert witness" is needed to be able to prove the standard of care in your case. This expert witness will have to state that the course of action that your doctor took was unreasonable under the given circumstances. It can be a difficult task to find a doctor who will testify this for you, since most doctors are unwilling to testify against their colleagues in malpractice cases unless perhaps it was egregious.

Not only does a person have to prove that a doctor treated them with substandard care, they must also be able to prove that this substandard care caused them damages or injuries. There are many factors that come into play here. Things need to be established, like the state of your health before the interaction with the doctor, and establishing whether your current state of health is a result of the injury or disease that you suffered from in the first place, or a result of negligent medical care. You have to prove that if not for the substandard care, your medical outcome would probably have been different.

Once all that is taken care of, to what extent are your injuries greater due to the substandard care, will have to be proven too. For instance, if you stayed in a hospital for 2 weeks, you must be able to prove how, if it wasn't for the medical malpractice, your hospital stay would have just been for two days. You might also be called on to prove how sunny your quality of life would have been if you had not been a victim of medical malpractice.

The Importance of a Medical Malpractice Attorney

An attorney with extensive experience in handling medical malpractice cases will be able to help you if you have been the victim of a serious injury. 

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