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How do you prove fault in a medical malpractice lawsuit?

On Behalf of | Nov 28, 2016 | Medical Malpractice |

It may seem like a silly thing to suggest, but how exactly are you supposed to prove that you were the victim of medical malpractice? You may say “your medical condition or injury is proof enough,” but in reality that doesn’t necessarily fly. In most cases, you have to establish proof.

There are a few ways that you can go about obtaining proof that you were the victim of medical malpractice. One way is to establish the negligence that was done. You can do this by showing that a doctor owed you a duty of care. With this established, you can show what he or she did to deviate from standards that would have fulfilled that duty of care, and then connect the dots.

Another way to prove fault in a medical malpractice case is through informed consent. This is the concept that you gave a doctor consent to perform certain medical procedures on you — but you must have been informed of the consequences and potential ramifications of the procedure. This is informed consent. If you didn’t give informed consent to a doctor, then he or she could be held responsible in a medical malpractice case.

Last but not least is the “Res Ipsa” doctrine. This essentially means that the case speaks for itself. If you don’t know how you were injured or why a doctor would perform the procedure that he or she did, but you know that the situation wasn’t supposed to conclude with you in a serious medical situation, then a “res ipsa” argument can establish proof in a medical malpractice case.


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