In order for an injured party to be successful in a malpractice case, the plaintiff must show that the healthcare provider failed to provide the minimum that a patient had a right to expect. However, it is not enough that the healthcare provider was negligent. The plaintiff also has to prove that the negligence was the cause of the bad outcome or result. It is also important to note that malpractice is never presumed. Malpractice cannot be presumed by the fact that a patient had a bad result. The plaintiff must always show, through expert medical testimony, that negligence occurred and the negligence was the cause of the bad outcome.
To establish a case of negligence in a medical malpractice action, a plaintiff must usually present expert testimony to establish the relevant standard of care, the doctor’s breach of that standard, and a causal connection between the breach and the plaintiff’s injuries.
In order for the plaintiff to win at trial they will need to prove there were departures from a well-accepted standard of medical care, and that the negligence was the proximate cause of the injuries. The medical malpractice attorneys at Harmon, Linder, and Rogowsky have the experience needed to handle your medical malpractice case