How to establish a medical malpractice case

When someone suffers horrible pain because of a botched medical procedure, it seems obvious that it would be considered "medical malpractice." Similarly, if you are misdiagnosed by a doctor or you are neglected while in a hospital -- thus leading to serious medical complications and issues -- you would think this would be considered "medical malpractice." In many cases, these are proven to be so.

But there are times where medical malpractice can't be proven, and this can be an upsetting realization. Medical malpractice must be established and proven. So what do you need to do as a victim of medical malpractice to do this?

Since most medical malpractice cases fall under general negligence, the points that need to be proven for negligence also apply to medical malpractice. This means you need to prove four critical points.

First, you need to prove the existence of a duty owed between your doctor and you. Second, you need to establish the standard of care and how the doctor's actions breached the duty owed. Third, you need to connect the standard of care and the breach of duty owed. Fourth and finally, you need to prove the injury you suffered and how it affected you.

There are other situations that can prove medical malpractice. For example, negligent prescription of drugs proves itself in most cases since the physician is supposed to have superior medical knowledge that would prevent it from happening. There are also cases where consent is not agreed to between the patient and the physician, but the physician proceeds with a procedure anyway. Paper trails (or lack thereof) in these cases can go a long way toward proving your case.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases," Accessed Nov. 28, 2017

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