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Proving Negligence: The First Step in Making Your

Medical malpractice cases can be challenging to prosecute, and plaintiffs need to prove a number of elements if they are to be successful. The first step in any medical malpractice case is often proving negligence, which is easier said than done. In this post, we will discuss what constitutes negligence in medical malpractice cases and how you can prove it. If you need legal advice concerning medical malpractice cases, the team at Gelman Gelman Wiskow & McCarthy LLC can help.

Defining Negligence

Negligence can be defined as the failure to take reasonable care, or doing something that a reasonable person would not do. In medical malpractice cases, negligence can involve anything from misdiagnosis to errors committed during surgery. Negligence in medical malpractice cases is a failure to fulfill the standard of care that a competent medical professional would reasonably be expected to provide.

Medical malpractice bookElements That Prove Negligence

To prove negligence in medical malpractice cases, there are several elements that must be demonstrated, including:

  • A legal duty of care: The plaintiff must show that the doctor or healthcare provider in question had a legal duty of care towards the patient.
  • Breach of duty: The plaintiff must also show that the healthcare provider breached their duty of care. This is the most critical element that proves negligence in a medical malpractice case.
  • Causation: The plaintiff must demonstrate that the breach of duty of care was the direct cause of the injuries or damage suffered by the patient.
  • Damages: The plaintiff must show that they suffered damages due to the breach of duty of care. Damages can include measurable losses such as lost wages, medical expenses, pain, and suffering.

Is Proving Negligence Difficult?

Proving negligence in medical malpractice cases can be challenging. The healthcare provider’s attorneys and insurance companies will aggressively defend against any allegations of negligence. Medical malpractice cases can quickly become complex, and plaintiffs will require the expert testimony of medical professionals to support their claims. Medical records and the standard of care will be closely analyzed.

An Examination of Medical Records

Medical records can provide insight into the care you received and whether it meets a certain standard of care. The standard of care refers to the quality of care that a healthcare provider should provide based on the patient’s condition, circumstances, and medical history.

Your attorney may also call on a medical expert witness to offer an opinion on whether the care you received was negligent, and if so, how it caused your injuries.

Partner with Gelman Gelman Wiskow & McCarthy for Help with Medical Malpractice

Proving negligence is the first step to a successful medical malpractice case. If you or a loved one has suffered an injury or loss due to medical malpractice, you need expert legal representation on your side. Gelman Gelman Wiskow & McCarthy LLC is a team of highly experienced attorneys with a proven track record of positive outcomes in medical malpractice cases. Contact us today and we will provide you with a free consultation to determine the merits of your case. We promise to fight tirelessly to bring your case to a successful resolution, and we will never settle for less than what you deserve.

  • In 2022, a year in which New Jersey courts were basically closed for trials, our firm still settled almost 100 cases for in excess of 8 million dollars.
  • Discuss the firm's 2022 settlements.
  • Results may vary depending on your particular facts and legal circumstances.
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