What do I have to prove in my medical malpractice case?

 

A:


What do I have to prove in my medical malpractice case?

There are three basic elements to prove in a medical malpractice case. First, the injured party must show that the healthcare provider was negligent and breached the standard of care, i.e., failed to act in a careful and prudent manner that a similar healthcare provider would do in a similar situation. Typically, you must use another expert (doctor, nurse, psychologist, etc.) to prove that a violation of the standard of care has occurred. Second, you must prove that the standard of care violation proximately caused the patient’s injury or harm. Finally, you must prove that the patient has incurred damages that are not speculative.




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