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What must you prove in a medical malpractice case?

Should a Georgia health care professional commit a medical error that leaves you injured or ill, you have the right to sue him or her and the facility for which (s)he works for medical malpractice. Unfortunately, preventable medical errors today represent the third leading cause of death in America.

You need to know, however, that a medical malpractice suit usually constitutes one of the most difficult types of case to win. You must present clear and convincing evidence in court of several things.

Medical malpractice proof

FindLaw explains that most medical malpractice lawsuits base theirĀ claim for damages on the theory of negligence. For this type of lawsuit, you must prove all of the following:

  • That the defendant(s) owed a certain duty of care to you
  • That (s)he or they breached this duty of care by treating and caring for you in an inadequate and substandard manner
  • That due to his, her or their breach of duty, you suffered illness or injury
  • That your illness or injury came about as the proximate cause of the breach by the defendant(s)

Various care standards

If you are suing more than one defendant, it is highly likely that each defendant owed you a different duty of care. For instance, your surgeon practices under a different standard of care than your nurse or the lab technician on your health care team. Consequently, when you and your attorney start searching for expert witnesses to testify on your behalf at trial, you will need to make sure that each of them holds the same academic degree and practices under the same care standard as one of the defendants.

This is general educational information and not intended to provide legal advice.

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