What do I need to prove to have a medical negligence claim?

Medical malpractice or negligence arises when a patient has been injured through the improper action or the inaction of a healthcare professional or medical facility.  Legal liability may be proven if the plaintiff can establish the following:

• The existence of a duty was owed to the plaintiff by the medical professional and there was an established relationship between the parties.
• The healthcare professional deviated from the applicable standard of care causing a breach of duty to occur.
• The breach of duty was the cause of injury or death to the patient.
• The patient suffered damages because of the injury or wrongful death.

In order to be successful in a medical malpractice lawsuit, that plaintiff must show that the damages were proximately caused (what led to the injury) by the malpractice of the healthcare provider.  If the injuries are severe, permanent and disabling, members of the patient’s family may be able to file a claim. 

Keep in mind that when filing a case of medical negligence, the plaintiff has a time period, also known as the statute of limitations, in which to file their case.  In order to obtain an in-depth review of your case, you should consult a medical malpractice attorney who can provide you with advice on how to proceed with your claim.

Talk to a Medical Malpractice Lawyer to find out more about your options and get legal advice regarding your particular case.