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Burden of proof significant in medical malpractice cases

When someone suffers a horrible injury or medical condition because a surgeon botched a procedure, you would think it would be obvious why medical malpractice is being alleged. When a doctor misdiagnoses a patient with the wrong condition, you would think it is obvious why the doctor should be held liable for his or her decisions. And when a medical institution fails to follow regular protocol or medical standards, you would again think that the malpractice case would be obvious.

Unfortunately, this isn’t always the case. Medical malpractice cases must be sufficiently proven by the plaintiff, and sometimes that can be more difficult than it seems.

The most common way to prove a medical malpractice case is via negligence law. In these cases, the plaintiff must prove that a duty was owed by the health care professional to the plaintiff. Then, the plaintiff must establish the standard of care for their case, and how the medical professional’s deviation from the standard breached the duty owed the plaintiff. That step is followed by connecting the deviation from the standard to the injury caused to the patient, and then – last but not least – the plaintiff must establish the injury suffered as a result of the entire ordeal.

Ultimately, no matter what the medical malpractice case is, the plaintiff needs an experienced attorney by his or her side to ensure that their case is fully investigated and to provide needed legal guidance during a stressful time.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases," accessed Jan. 18, 2018

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