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Proving medical malpractice isn't as easy as it seems

Imagine that when you go in for surgery at your local hospital, the worst case scenario occurs. An error was made during your surgery, and now you are in a much worse place medically. Though it would seem to be such a straightforward task to point out negligence in this case, it actually isn't as easy as it may seem. It's not as if you can just point to a chart or medical record and say "See? This proves it was medical malpractice!"

Proving fault in a medical malpractice case is a process, and there are numerous steps that must be established to prove that what happened to you was, indeed, malpractice. So what are these steps?

First of all, you have to establish that the medical professional or institution owes you a duty of care. Once this duty of care is established and it is clear that the doctor or institution owed you such a duty, then you need to show why the deviation from the standard of care qualifies as a breach of this care.

The next two steps act more as formalities, but they are still important. You have to show why that deviation from the standard of care caused the injury. Then, you have to explain the injury and reveal the ramifications of the injury.

All of this will have to be established, and you can bet that the medical professional or institution will have their defense prepared in order to counteract what you present in court.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases," Accessed July 23, 2015

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