Understanding the Process of Proving Medical Malpractice

Medical malpractice occurs when a healthcare provider, like a doctor, behaves negligently or causes harm to a patient under their care.

To establish a medical malpractice claim, the patient needs to demonstrate three key elements, which are more complex than in other personal injury cases. Here’s a breakdown:

1. Violation of the Standard of Care

Healthcare providers have a duty to care for their patients appropriately. To prove medical negligence, it must be shown that the provider breached this duty by not providing the standard level of care expected in the medical community.

2. The Infraction as a Factual Cause

After proving a breach of the standard of care, the patient must establish that this breach directly caused their injury. This causal link can be challenging to prove, especially in cases where delayed diagnosis or treatment is involved.

Expert testimony is often used to demonstrate this causal connection in medical malpractice cases.

3. The Complexity of Damages

Damages, such as medical expenses, lost wages, pain and suffering, and permanent disability, are crucial in a malpractice case.

To ensure proper compensation, patients should seek legal counsel to navigate the complexities of proving damages. In some states like Pennsylvania, a Certificate of Merit from an expert is required to file a malpractice claim, confirming that there is sufficient evidence of substandard care leading to the patient’s injury.

By understanding these elements and seeking legal guidance, patients can build a strong case for medical malpractice and seek rightful compensation.