What You Need To Prove In A Medical Malpractice Lawsuit


Each year, more than 15,000 medical malpractice claims go through the legal system. People are eligible to file a medical malpractice lawsuit under a wide variety of circumstances and situations. A patient can file a claim for himself or herself. The family member of a deceased patient may file a motion for a malpractice claim, as well. The family members can file the malpractice claim if their loved one dies because of a mistake that the medical facility made. All medical malpractice claimants will have to prove the following:

The Establishment Acted in a Neglectful Manner

The main element in a medical malpractice suit is neglect. Therefore, the person will have to prove that someone is guilty of a neglectful act. Neglect is defined as an action or the lack of an action that results in the exacerbation of an illness or an injury. An example of a neglectful action is the administering of a dangerous medication to a patient who is allergic to it.

The Establishment Was Aware of the Potential Danger

A plaintiff will have to prove that the accused party was aware of the potential danger and failed to react in an appropriate manner. In the above example, the plaintiff can hire an attorney who can grab hold of the records. The attorney can ask the medical professionals to disclose the patient’s chart information. The attorney can win the case if he or she can find something that states that the patient did indeed have an allergy to the medication in question.

A Medical Professional Intentionally Failed to Act in an Appropriate Fashion

A medical malpractice plaintiff will have to prove that a professional failed to act in an appropriate fashion. A surgeon is acting in an unprofessional fashion if he leaves something inside of a surgical patient. Medical reports and pictures can easily prove such a thing.

Medical malpractice attorneys are often willing to provide a person with contingency representation as well as a free consultation. A patient can contact a reliable local law office today.

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