It may sound like a silly question to ask, but it is an important one. You may assume that medical malpractice cases speak for themselves, and sometimes they do! There is even a legal term for this called "res ipsa," which means that "it speaks for itself." Since medical malpractice cases can be very complicated, res ipsa cases make it easier for the plaintiff to establish that they were harmed under circumstances that qualify as medical malpractice.
However, outside of those res ipsa cases, the question posed in the title is a valid one. Proving fault in a medical malpractice case is crucial, even though it may seem like it should be a given. So how do you do it?
Medical malpractice falls under general negligence law, so as such, proving negligence by a medical professional is crucial. To do this, a medical malpractice plaintiff needs to prove four things:
- First, you have to prove that the medical professional owed you a duty of care
- Second, you need to establish the medical standard for your condition and how you should have been treated
- Third, you need show why the medical professional's deviation from the standard violated the duty of care he or she owed you
- Fourth and finally, you need to validate and prove the injury you suffered as a result
Proving medical malpractice isn't a straightforward proposition. Having an experienced attorney on your side to help you is imperative.
Source: FindLaw, "Proving Fault in Medical Malpractice Cases," Accessed Dec. 7, 2017