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No matter how obvious, you still have to prove medical negligence

If you or a loved one suffers because of a medical mistake, surgical error, or some other negligent act by a medical professional, you should consider legal action against any and all parties that are culpable in the case. You or your loved ones will look at the case and think "that is clearly medical malpractice, how could anyone think otherwise?"

However, as obvious as the case may seem, you are still obligated to prove that medical negligence or medical malpractice occurred. To do that, there are a few hurdles that you must clear.

First, you have to establish that there was a duty of care owed to you or your loved one by a medical professional. This can be established by proving the relationship between the patient and doctor.

Second, you must establish the acceptable standard of care that applies to the case. Third, you must show how the medical professional deviated from this standard, and how that deviation affected you or your loved one.

Fourth and finally, you must establish the injury and what effect that injury had on you or your loved one. Fulfilling these steps could lead to a medical professional being found negligent.

Having said all of that, no medical malpractice case is a "slam dunk." There are no guarantees, and every case is going to be a little different than the last. Anyone who has been affected by a medical mistake should consider consulting with an experienced medical malpractice attorney to help them establish and pursue their case to the fullest extent of the law. 

Source: FindLaw, "Proving Fault in Medical Malpractice Cases," Accessed Sept. 2, 2015

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FAQ Medical Malpractice

Frequently Asked Questions about Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient...

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