How do I prove malpractice on a child?

Medical malpractice can be committed against an adult or a child.   Malpractice is more than a mistake or an error by a physician or other medical professional because there is a degree of risk associated with all medical procedures, treatments, and surgeries.  Medical malpractice is generally defined as any act or omission by a physician, surgeon, nurse, or other medical professional that deviates from the accepted standard of care in the medical community, resulting in injury to or death of the patient. 

Whether the victim is an adult or a child, the standard of proof required to win a medical malpractice case is the same.  The plaintiff must prove: 

• That a doctor-patient relationship existed which gave rise to a duty of reasonable care;
• That the duty reasonable of care was breached;
• That the plaintiff was injured; and
• That the breach of the duty of reasonable care was the proximate cause of the plaintiff’s injuries. 

In most medical malpractice cases, expert testimony is required to prove that the duty of reasonable care was breached and that the breach of the duty of reasonable care was the proximate cause of the plaintiff’s injuries.  Moreover, in some states, a physician’s affidavit setting forth the acts of malpractice committed by the defendant must be attached to the complaint to avoid dismissal of the case. 

Because medical malpractice cases are so complex, you need the representation of a qualified and experienced medical malpractice attorney.  A medical malpractice attorney will investigate your case, secure expert witnesses, formulate an appropriate strategy, and represent you in settlement negotiations, and, if necessary, at trial.