Proving your Claim: Elements Required in a Medical Malpractice Case

No matter how far science advances, and regardless of the leaps and bounds by which medicine progresses, everything cannot be healed.  Even where known cures exist and where tried and true methods of medicine reside, some patients will not recover.  This does not mean that a doctor or some other medical professional messed up – but it could.

So when does a patient’s failure to recover properly from medical treatment cross the line from a horrible tragedy that which medicine could not prevent to a preventable tragedy that which should have been avoided?

Experienced Kingston medical malpractice attorneys know that the difference between a preventable versus an unpreventable negative outcome hinges upon whether or not the treating medical professionals followed the requisite standard of care due to the patient.  When the standard of care is deviated from, and such deviation caused the patient injury and damages, it is quite possible for the injured patient to recover compensation from the offending doctor. 

In short, the medical professional would be guilty of negligence.  This is a simpler and more easily understandable synonym to medical malpractice. 

What needs to be proved in order to win any medical malpractice case is:

  1. A doctor/patient relationship that which gave rise to a duty owed by the doctor to the patient.
  2. The standard of care that which the treating doctor is bound to follow (this will vary depending upon the locality within which the offending doctor was practicing and it will vary from specialty to specialty).
  3. Proof that the offending doctor deviated from that standard of care must be introduced.
  4. The plaintiff must be able to show that an injury occurred.
  5. There must be a showing that such a deviation caused the plaintiff’s purported injury.  This is often simply referred to as, “causation”.
  6. Finally, there must be a showing that the plaintiff suffered damages as a result of his or her injury.  For example, pain and suffering, bills incurred, and lost wages, just to name a few.

Conclusory statements and allegations unsupported by factual evidence will not be enough to win a medical malpractice claim.  Everything alleged must be backed up by evidence.  Evidence can come in the form of actual tangible objects; from statements; from testimony of witnesses and experts; and even from respected medical journals.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

 

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