In a medical malpractice lawsuit, a patient must prove that the negligence of a health care provider directly caused the patient to experience an unnecessary injury. To prevail in a medical malpractice case, the Plaintiff must establish the following elements at trial:
(1) the applicable standard of care accepted by the medical community for the specific procedure the patient underwent ;
(2) that the health care provider deviated from the applicable standard of care;
(3) that the deviation from the applicable standard of care directly resulted in the patient being injured; and
(4) that the injury caused the patient to suffer damages.
Due to the fact that most jurors and judges are not medically trained doctors, the Plaintiff usually retains expert doctor witnesses to explain to the jury what the correct medical procedure should have been and how the Defendant doctor did not follow the correct procedure. Key pieces of evidence in a medical malpractice claim can often be found in the patient’s medical records and the testimony of the doctor and his supporting medical staff.
It goes without saying that nobody wishes to be injured by the negligence of his or her health care provider. However, when a patient becomes a victim of serious negligence it is imperative the health care provider is held responsible. Doing so not only brings justice for the victim, but also serves to improve the quality of health care for all.
If you or a loved one suspect you were the victim of medical negligence or have other questions, contact us immediately to see if we can assist you in determining the truth of what happened and whether you have a viable claim.