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How is medical negligence proven?

On Behalf of | May 9, 2019 | Medical Malpractice

Going to the doctor in Massachusetts can be a routine or isolated event. Whether one is going to their physician because they are ill, injured or require a yearly check up, a patient is likely to take into consideration everything their medical professional has shared with them. In some cases, this could mean mistakes made when making a diagnosis, prescribing a medication or initiating a treatment plan.

How is medical negligence proven? There is a standard of care when it comes to medical professionals. If this standard of care is not met and harms are caused to the patient, then this could be a matter of medical malpractice.

Four factors must be proven when asserting medical negligence. First, one must prove that a duty was owed by the doctor to the patient. In other words, a doctor-patient relationship existed. Next, the standard of care owed to the patient by the doctor was deviated from. Third, there is a causal connection between the deviation made by the doctor and the injuries suffered by the patient. Finally, the patient must have suffered harm.

Whether a doctor made an error when diagnosing a patient, prescribed the wrong medication, failed to follow surgical procedures or made errors when it came to medical documentation and communication among medical professionals, when a patient is harmed by medical mistakes, they may have legal recourses.

When one seeks treatment from a medical professional, he or she expects to get better not worse. If a patient believes that they are a victim of medical malpractice, it is important to explore this matter further.