To prove a doctors negligence in a medical malpractice case or professional negligence a claimant and his attorney have to provide evidence supporting each one to the elements of a medical malpractice cause of action. If even one of the required elements cannot be conclusively shown the entire case will fail and thereafter be summarily dismissed without more.
Elements Required to Prove Medical Malpractice
- A duty of care was owed the patient by the physician or healthcare provider
- That duty of care was breached by physician failure to conform to the relevant standard of medical care.
- The breach of the standard of care must be shown by expert testimony, or in the case of obvious errors such as an act involving, “res ipsa loquitur,” the negligent act by the physician speaks for itself without need for expert testimony.
- The breach of duty caused either a direct injury or was the proximate cause of an injury to the patient.
- Damages which can be physical, emotional and/or financial
An example of proving a doctors negligence in a medical malpractice case involving an instance of “res ipsa loquitur” would be leaving surgical instruments inside the patient after closing, implanting surgical devises upside down and backwards, removing the wrong organ or limb and similar situations where there is no genuinely reasonable basis to refute the negligent behavior of the healthcare provider. The injurious act speaks for itself without additional proof by medical expert testimony. In all other cases, or those where there is no instance of res ipsa loquitur, proving medical negligence is required to be accomplished through the testimony of doctors or healthcare providers called “medical experts.” The experts must be competent in the field of medicine at issue and be able to testify as to the acceptable standard of care that would have been provided to the claimant by a non-negligent physician or healthcare provider to substantiate a breach of the required level of care by the tortfeasor physician.
Getting Legal Help
If you or a member of your family has suffered an injury due to negligent care and medical treatment by a physician or other healthcare provider it may be helpful to contact a medical malpractice attorney in order to discuss the circumstance of the injury. An attorney can review the medical records and related documentation to determine if an instance of medical negligence caused the injury. He can also take all necessary legal steps to preserve and protect the injured patient’s rights and interests.
