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How do I prove negligence in a medical malpractice case?

On behalf of Savinis, Kane, & Gallucci, L.L.C. | Apr 28, 2018 | Medical Malpractice

Negligence is a legal concept that forms the basis of many accident-based claims. When a Pittsburgh driver suffers injuries in a vehicle collision, they may sue the responsible driver for their damages based on that driver’s negligence. Similarly, when a patient suffers harm while under the care of a doctor and that harm was due to the doctor’s negligence, the patient may have claims for losses.

Proving negligence in the context of medical malpractice can sometimes be challenging. It is important that individuals with possible medical malpractice claims discuss their legal options with personal injury attorneys that they trust. As with all legal matters, cases should be reviewed based on their own facts and this post should not be read as legal guidance or advice.

In order for an injured patient to sue a doctor for medical negligence, the patient must first demonstrate that a relationship with the doctor existed. Generally, when a doctor treats a patient, the doctor-patient relationship forms and the doctor is then bound to treat the patient with the requisite standard of care. A patient can demonstrate that the doctor failed to meet this standard by offering evidence of what other doctors in the same area of practice do in similar situations and by showing that the doctor deviated from this accepted norm. A patient generally must also show that the injuries were caused by the doctor’s negligence and not by other events on causes.

There are specific elements that must be proven for a patient to prevail on a medical malpractice claim. Preparing for such a case with the help of a personal injury attorney can be useful for those who wish to pursue their rights to their malpractice-related losses.

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