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Proving a medical malpractice claim

On Behalf of | May 9, 2022 | Medical Malpractice

Massachusetts residents expect expert care from their doctors. Unfortunately, medical malpractice still occurs. In a lawsuit, certain factors must be proven.

What is medical malpractice?

Medical malpractice occurs when a doctor or other medical professional makes a serious mistake or commits an act of negligence that leaves a patient suffering harm.

Whatever the exact nature of the situation, medical malpractice is often difficult to prove. However, if a patient suffers serious harm from the action, inaction, mistake or negligence, they are entitled to file a medical malpractice lawsuit against the at-fault party.

Proving causation

Causation can sometimes be difficult to prove in a medical malpractice claim. Certain elements must be in place to prove that a doctor or other health care provider is responsible. The first is that there was a relationship between that doctor and the patient. The patient must have been seen by them for treatment while expecting a normal standard of care.

The standard of care the patient received from the doctor or other medical professional is considered to be breached if they did not receive the expected or appropriate standard of care. This is something that can be proven if another doctor or medical professional would have upheld a certain standard of care that would not have caused harm to the patient.

It would be necessary to prove the element of harm. When the patient has suffered harm after receiving negligent or reckless care from the doctor or other health care professional, it can show that a situation of medical malpractice exists and that the patient was left with damages.

The damages suffered by the patient must be those that can be tallied. This could include medical expenses, lost wages and the costs of ongoing treatment.