Williams, Walsh & O'Connor, LLC

Medical malpractice lawsuit: what do you have to prove?

Imagine that you go into your doctor's office for a routine appointment, and it is discovered that you need to go through a medical procedure to alleviate a medical condition that you have developed. But when you get the procedure done, it is quickly discovered that they made a mistake during the procedure and you will have to go through more surgery and accrue more medical costs as a result of the mistake.

You would rightfully be upset, as well as living in pain and anguish. You would likely also consider a medical malpractice lawsuit.

When filing a medical malpractice lawsuit, you need to take every step and every part of the process seriously. Being compliant during this legal procedure is a must. One step that must be taken is actually proving your claim, which may seem ridiculous at first. Medical malpractice cases often involve incredible and jaw-dropping circumstances that should clearly show guilt. But it isn't that easy, unless your case is a "res ipsa" case -- which means "it speaks for itself."

However, outside of those parameters, you can prove your case just like any negligence case. This means you have to establish four things. First, you must show that your medical professional owed you a duty of care. Second, you must clearly define the medical standard for your case. Third, you must show how the doctor deviated from that standard and, thus violated the duty of care owed to you. Fourth and finally, you must connect that deviation to your injury and prove your injury.

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