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Proving Fault in a Medical Malpractice Case

Medical professionals and healthcare facilities can be held accountable when one is injured due to medical errors or negligence. In a medical malpractice case, you need to prove the doctor or health care facility’s negligence in providing treatment to you. You must be able to show the following to prove that a medical malpractice occurred:

A doctor-patient relationship

By law, a doctor-patient relationship gives the doctor’s duty to provide competent care. In a medical malpractice case, you must show that a doctor-patient relationship existed. This means that you hired the doctor and he agreed to provide diagnosis or treatment to you.

The doctor’s negligence

A medical malpractice case does not arise just because you are not happy with the results or treatment. You must prove the doctor’s negligence in diagnosis or treatment. You must show how the doctor or the health care facility deviated from that standard of care.

Your injury was caused by the doctor's negligence

Most medical malpractice cases involve sick or injured patients; hence it may be difficult to prove negligence. However, a patient must be able to show that the doctor's incompetence lead to the injury. When proving negligence in a medical malpractice case, it is important to obtain a medical expert’s testimony.

The injury led to patient harm and damages

A patient cannot sue a doctor or health care provider unless an injury was caused. A patient must be able to prove injuries and damages suffered. Claims for medical practice include: additional medical bills, physical pain, mental anguish, lost earnings, etc.

Contact medical malpractice attorneys at Marvin A. Cooper, P.C.

If you or a loved has suffered an injury as a result of medical malpractice, contact our medical malpractice attorneys today. Our goal is to help each one of our clients find the justice that they deserve and obtain the compensation they are entitled to. Call us today at 914-357-8911/ 718-619-4215.

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