What Must be Proven to Win a Case?
Medical malpractice cases are among the most difficult a lawyer will ever handle. A medical malpractice case requires the patient, the “plaintiff,” to prove that his or her doctor or hospital, the “defendant,” deviated so far from what is accepted as “standard” diagnosis and treatment that the law considers the defendant to have been “negligent.” The plaintiff is also required to prove that the doctor’s negligence was a substantial cause of the injury that the plaintiff has. “Negligence” and “breach of standard of care” mean the same thing: conduct which is not reasonable in all the circumstances. Because of the tremendous hurdles to obtaining a recovery in a medical malpractice case, experienced malpractice lawyers agree that the injury suffered by the plaintiff must be significant. The court system is simply not set up to handle “small” medical malpractice cases. We believe that the settlement value must exceed $100,000, meaning you must have suffered a significant and permanent inju
