Establishing fault in medical malpractice claims

We trust doctors and nurses to adhere to applicable standards of care when treating us and our loved ones. Unfortunately, some medical professionals are negligent when treating patients, and that negligence results in catastrophic injury or death. Patients can hold doctors and nurses responsible for their negligence by filing a medical malpractice claim against them.

If a patient is filing a medical malpractice claim, they will most likely have to establish that negligence occurred. In other words, the patient will first have to show that the medical professional owed a duty to the patient and that the duty was breached. Generally, a medical expert in the same field of medicine will take the stand on the patient's behalf and testify as to what the standard of care should have been in the patient's case and whether the doctor who treated the patient failed to meet this standard.

In addition to proving that the patient's doctor deviated from the applicable standard of care, the patient will need to prove causation and injury. They will need to present evidence that their doctor's negligence caused them harm or injury. Because the patient was likely already injured or suffering an illness, they may have to show that they suffered additional harm due to the doctor's negligence.

Proving that a doctor, nurse, or other medical professional was the cause of a patient's injuries or illness can be difficult, but, with the right strategy, these negligent health care professionals can be held liable for the pain and suffering they caused. A Beachwood attorney specializing in medical malpractice can help patients recover damages for any injuries stemming from medical negligence.

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