Law Office of JoJene E. Mills, P.C.
520.529.3200 Toll Free 866.529.3201

Prove it: how to establish medical negligence after an injury

A few weeks ago, we wrote a post about diagnostic mistakes and how these particular cases are very problematic not only for the patients, but also for the medical professionals and institutions involved. Diagnosing a medical condition seems like easy work, but as we pointed out in that blog post, it is essentially inevitable that a medical professional or medical institution will make a mistake of some kind while diagnosing a patient.

When they make that mistake, it may seem like a formality that a court will clearly see that the medical professional or medical institution was at fault for your unfortunate pain and suffering, right? However, proving fault in a medical malpractice case is not a formality. It is by no means "a given" that your case will prove you right.

So what can you do to establish that you were the victim of medical malpractice, and how can you prove that what the doctor or hospital does, in fact, constitute negligence?

There are four main points to establish to show negligence in medical malpractice cases. The first is to show that a duty was owed to you by a medical professional. The second is to establish the acceptable standard of care, given what you and your medical professional were dealing with. Then, you need to show how the medical professional deviated from that standard and, thus, caused your injury or worsened medical condition. Finally, you need to prove and establish what that injury or worsened medical condition is.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases," Accessed Oct. 22, 2015

No Comments

Leave a comment
Comment Information