There's four things that you must prove to win a medical malpractice claim.

Medical Malpractice

The standard of care. Now doctors are human they’re not expected to be perfect, but they are expected to be reasonably competent. In other words, they must meet the standard expected of a reasonably competent doctor, so we’ll need to find an expert willing to testify about what the standard is.

Medical Malpractice – Number two

You’re going to need to prove is that the doctor breached the standard of care. In other words, did the doctor do something that a reasonably competent doctor would not have done or did the doctor fail to do something that a reasonably competent doctor would have done. So, the standard of care and breaching the standard of care taken together is negligence.

Medical Malpractice – Number three

You’re going to have to prove is causation, in other words you must prove that the doctors breach caused the injury that you’re concerned about. In some cases, it’s possible that the doctor may have breached the standard of care, but that breach may not have caused your injury. For example, everyone knows that doctors are supposed to wear latex gloves when they operate, and not wearing those gloves is clearly a breach in the standard of care. But not wearing the gloves couldn’t cause the doctor to operate on the wrong leg, there’s no there’s no connection there. On the other hand, if you develop an infection after your operation, clearly the failure to wear the gloves may have caused your infection. Because the gloves are supposed to prevent infection.

So, number one what’s the standard of care. Number two was there a breach of the standard of care. Number three did that breach caused your injury.

Medical Malpractice – Number four

Damages. In other words what is the harm what is the injury that was caused by the breach and what is it worth. So, you must prove the nature of your claim what kind of injuries you have suffered how they prevent you from being able to earn a living, what medical costs are associated with treating you. In other words, all the financial consequences of being injured.

So those are the four things that you need to prove in order to win a medical malpractice case. Standard of care, breach of the standard of care, causation and damages.

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