{"id":353178,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/proving-fault-in-medical-malpractice-cases.html"},"modified":"2023-12-10T22:13:00","modified_gmt":"2023-12-11T03:13:00","slug":"proving-fault-in-medical-malpractice-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/proving-fault-in-medical-malpractice-cases.html","title":{"rendered":"How To Prove Fault in Medical Malpractice Cases"},"content":{"rendered":"\n
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How To Prove Fault in Medical Malpractice Cases<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

As the plaintiff in a medical malpractice lawsuit, you will need to prove several points. They include how your medical provider failed to meet the standard of care. You’ll also need to show causation and how your injury affected your life. Gathering evidence can involve expert testimony, medical records, and other documents.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Establishing wrongdoing on the part of a health care provider is often difficult. After all, the defendants write the medical reports that form the basis of the lawsuit.<\/p>\n

There are a few different types of\u00a0medical malpractice<\/a>. Each claim depends on whether the doctor exercised the proper standard of care. Proving a doctor’s negligence often requires hiring expert witnesses. Experts must testify about the doctor’s negligence and what the doctor should have done under applicable professional standards.<\/p>\n

This article discusses how to prove fault in the most common medical malpractice claims. Because every case is unique, talk to a medical malpractice lawyer<\/a> to get legal advice. They can help you build a case to prove your claim.<\/p>\n

Negligent Medical Treatment<\/h2>\n

Most medical malpractice cases bring a negligence claim<\/a>. The claim alleges that the medical professional was negligent during the patient’s medical treatment.<\/p>\n

To establish a doctor’s negligence (or negligence by another medical professional), an injured patient (the plaintiff) must prove:<\/p>\n