How do I determine and prove my doctor is guilty of either medical malpractice or medical negligence?

Simply because a medical procedure or treatment didn’t have the outcome one would like doesn’t mean the medical professional is guilty of malpractice. Technically, it is impossible to know if the doctor or other licensed medical professional committed malpractice until a court and/or jury makes a finding of malpractice. Essentially, if the medical professional did something or failed to do something that no reasonable medical professional would do or fail to do in the same situation, malpractice may have occurred. Medical malpractice cases are complicated and subject to many unique rules. For example, medical experts are almost always required to testify (with rare exceptions, like surgical sponges left in the body) and many states require a certified opinion from a medical expert before a lawsuit can even begin. It is important that you consult a medical malpractice attorney to make a proper case assessment – the variety of rules and procedures are too complex for an untrained person to make the proper determinations.