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

What must I prove in a medical malpractice case?

When you go to see an Arizona doctor or other health care professional, or when (s)he admits you to the hospital, you expect that these medical professionals have the requisite knowledge, skill and experience to properly diagnose your condition and treat it appropriately. The last thing you expect is that someone in whose hands you placed your health and in whom you placed your faith and trust will injure you or make you sicker than you were before you consulted him or her. Sadly, however, medical errors occur at a rather alarming rate, and when they do, you can sue the doctors, nurses and others who caused your injury, as well as the hospital for which they work.

FindLaw explains that most medical malpractice lawsuits proceed under the theory of negligence. To prevail in a negligence suit, you must prove the following:

  • That the health care professional owed you a duty of care
  • That (s)he breached his or her duty by giving you substandard care that did not rise to the level of the applicable standard of care
  • That his or her deviation from the care standard caused your injury
  • That you were, in fact, injured

Standard of care

Different types of physicians and other health care professionals must exercise different standards of care. For instance, the standard of care for a surgeon is different from that of a physical therapist. Therefore, if you are suing your surgeon, your medical expert also must be a surgeon who performs the same types of operations and consequently can testify with authority as to the standard of care that your surgeon breached.

This is general information only and not intended to provide legal advice.

No Comments

Leave a comment
Comment Information