What should the patient prove in order to succeed in a medical malpractice suit?
To establish medical negligence, an injured patient, the plaintiff, must prove: • That there existed a duty owed by the health care professional to the patient; • That there is an applicable standard of care, and the health care professional’s deviation from that standard is deemed a breach of the duty owed to the patient; • That there is a causal relationship between the deviation from the standard of care and the patient’s injury; • That there is injury to the patient. The injured person has to prove that the physician’s conduct fell below a generally accepted standard; to prove the accepted standard, the plaintiff may need to present the testimony of another medical expert, indicating the standard required and establishing that the physician has failed to meet this standard. If you need any clarification in this complicated area of the law, a qualified Atlantic City negligence attorney can answer any questions that you may have.
