What is considered medical malpractice and how is it proven in court?

Medical malpractice is the act of a health care professional not providing care that meets the standard of care that is expected, thereby resulting in injury or harm to the patient. For a medical malpractice lawsuit to be successful, a plaintiff will need to prove several elements.

The first element of a medical malpractice claim is that there was a duty of care owed by the health care professional to the patient. This means that there was a doctor-patient relationship in place, and the doctor had a duty to provide care to the patient.

The second element is that the health care professional breached their duty of care. This means that the care provided by the health care professional was negligent, or fell below the standard of care that other reasonable health care professionals would provide in similar circumstances.

The third element is that the breach of duty caused the injury or harm suffered by the patient. This means that the patient must show that the harm suffered was a direct result of the health care professional's actions or inactions.

The fourth element is that the injury or harm resulted in damages. This means that the patient has suffered measurable harm as a result of the medical malpractice, such as physical pain and suffering, medical expenses, lost wages, and emotional distress.

To prove that medical malpractice occurred, the plaintiff will need to provide expert testimony from a medical professional who can establish the standard of care that other reasonable medical professionals would have provided in the same circumstances. The expert witness must also be able to testify that the defendant breached that standard of care and that the breach caused the plaintiff's injuries.

If you suspect that you have been the victim of medical malpractice, it is essential to speak with an experienced medical malpractice attorney who can evaluate your case and provide guidance on the applicable laws in your jurisdiction. An attorney can help you gather evidence and build a strong case to seek compensation for your injuries.