What do you have to prove to make a medical negligence claim?

In making a medical negligence claim, an injured person must prove the elements of negligence which are:  Duty, Breach, Causation and Compensable Injury.  A patient treated in a medical facility is owed a duty by the facility and the treating staff.  In order to prove negligence, the facility or the staff must “breach” that duty.  That means that the facility or the staff must knowingly act, or fail to act, in a way that is not reasonable under the circumstances and that breach must be the cause of the injury. The patient has to prove the medical staff or facility did not act with a reasonable degree of care based on the knowledge and care someone in the same profession would act.  Finally, a person has to prove that the act, or the failure to act, was the cause of the injury and the injury has to be one for which damages can be paid.

Talk to a Medical Malpractice Attorney to get legal advice regarding your rights to a civil malpractice claim.