Medical Malpractice And Personal Injury Trial Attorney

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What must you prove in a medical malpractice case?

On Behalf of | May 20, 2019 | Medical Malpractice |

Should you suffer an injury in Kentucky due to an error committed by a health care professional, you can sue that person, as well as the office or institution for which (s)he works, for medical malpractice.

Unfortunately, medical malpractice occurs far too frequently in America. It may surprise you to learn that preventable medical errors now represent the third leading cause of death in this country.

Medical malpractice proof

FindLaw explains that if you sue a health care professional or provider for medical malpractice based on negligence, you will need to prove the following in court by clear and convincing evidence:

  • That the health care professional or provider owed a duty of care to you
  • That (s)he or it breached this duty, instead giving you less than adequate care
  • That you became injured because of this breach of duty
  • That the breach constituted the proximate cause of your injury

Applicable standard of care

Keep in mind that different health care professionals and facilities operate under different standards of care. For instance, the duty of care under which, for instance, an OB/GYN physician practices is considerably different than the one under which a surgeon practices. And any physician’s standard of care differs significantly from that of other health care professionals such as nurses, therapists, technicians, etc.

Consequently, when you seek people to act as your expert witnesses and testify on your behalf at your medical malpractice trial, make sure they hold the same kind of professional license and operate under the same standard of care as the defendant you are suing.

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