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Is Negligence Required to Prove Medical Malpractice?

Jun 23, 2017 | Doctor Errors, Firm News

In some Indiana personal injury situations, negligence does not have to be proven. However, in medical malpractice, it does. According to the National Center for Biotechnology Information, when a person’s actions do not meet expected standards, it is called negligence. In medical situations, this generally means that a medical professional did not conduct him or herself in a way that would protect patients from needless risks or injuries.

Negligence has to be proven in medical malpractice because this type of case requires you to prove the person had a professional obligation to you and failed to fulfill that obligation, which then resulted in injury to you. The medical field has very specific codes of conduct and standards of treatment, so it can often be easy to see when a doctor fails to live up to those. In fact, there is an overriding understanding that anyone who enters the medical profession will have a reasonable level of knowledge and ability, which is a concept that dates back to ancient Rome and is still respected today.

However, not every case is cut and dry. In order to win a case, you will have to show that the doctor’s inadequate care of your medical situation directly resulted in your injury. If you cannot prove all the elements of malpractice, then you cannot win a case. For example, if your doctor gave you the wrong medication but it caused no problems for you, then you would not have a case because there was no injury. This information is only intended to educate and should not be interpreted as legal advice.