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How does one prove negligence in a medical malpractice case?

Medical providers and medical staff strive to do their very best in every situation that involves a patient. Whether diagnosis, treatment, rehabilitation or something in between, there are a lot of moving parts and experiences that a person may have with medical care. Generally, things go according to plan when a patient comes in contact with medical care. For those who believe they were injured in a medical-related incident, how does one prove negligence and fault?

While the specifics surrounding your own or a loved one's medically induced injury may be unique, the method for proving negligence is generally the same. Since there is a duty owed by a healthcare provider, staff or related third-party, that duty can be breached. This occurs when one of these parties does not uphold an appropriate standard of care. This, then, has a casual effect on the health or well-being of a patient and causes injury.

Healthcare can include anything from diagnosis, surgeries, physical therapy, medical prescriptions and other medical treatments and situations. Because of this, everyone's situation will be different. Also consider local, state and national law that may play a role in these incidences. Personal injury due to negligence is something healthcare providers should be held accountable for.

Misdiagnosis can be one of the most difficult instances of medical malpractice injury. This is because, but for misdiagnosis, a person's true injury or illness could have been appropriately treated. Without proper treatment, further injury tends to result. Also, certain treatments can have additional side effects that can result in a poorer condition or quality of life. If you have been injured by negligent medical care, you may wish to consult an attorney to discuss whether you may have a case for medical malpractice.

Source: FindLaw, "Proving Fault in Medical malpractice Cases," Accessed Dec. 4, 2017

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