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January 12, 2007, Newsletter Issue #43: What kind of standard is required with regard to proving a medical malpractice has occurred?
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Tip of the Week
You must first prove that the standard of care was breached. In other words, you have to be able to prove that the doctor made a mistake, something that a reasonable and prudent doctor would not have done under the same circumstances.
Generally, this will require the testimony of an expert witness, which can sometimes be difficult to obtain because it's not often that a medical professional will be willing to testify against a fellow professional. However, finding a good expert witness will be key to success in your case.
You will also need to show causation, or that the doctor's actions or mistake caused an injury to you.
Lastly, you will have to prove damages suffered which can be anything from serious injury to death as a result of the doctor's actions. Damages can also include lost wages, medical bills, agony, pain and suffering, mental anguish or loss of a loved one.
An experience and reputable medical malpractice lawyer will be able to assist you in making determination of all of these issues and assessing your chances of recovery.
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