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Proving Fault in a Medical Malpractice Case

In a medical malpractice case, the burden of proof rests with the plaintiff who alleges substandard care on the part of a health care provider. The plaintiff must prove that the health care provider acted negligently so as to cause actual injury. Proving fault in a medical malpractice case often requires the assistance of an experienced attorney. Medical malpractice cases are often aggressively litigated as health care providers are never eager to admit negligence.

Proving Fault in a Medical Malpractice Case

Proving fault in a medical malpractice case requires proof that the health care provider caused injury by failing to do that which a reasonable and careful health care provider should have done under the same circumstances.

Breach of Standard of Care

All health care practitioners, such as medical doctors, nurses, chiropractors and pharmacists are required to adhere to professional standards of care. If the health care provider fails to adhere to a reasonable and careful standard of care, he or she may be found to have been negligent. Although health care providers are not required to guarantee a satisfactory outcome in the care that they provide, they are required to perform their work such that it satisfies a normal and reasonable level of proficiency.

Proving negligence requires a showing of the following:

  • Existence of Duty: The health care practitioner had a duty to the plaintiff (for example, a doctor/patient relationship).
  • Breach of Duty: The health care practitioner failed to provide care that a careful practitioner of the same medical training would have provided under the same circumstances.
  • Existence of Injury: The patient (the plaintiff) suffered injury or death.
  • Causation of Injury: A causal connection exists between the health care professional’s breach of duty and the patient’s injury.

Dempsey and Kingsland has successful resolved over 100 serious injury malpractice cases. Our attorneys, who write, lecture, and litigate on the subject matter of medical malpractice and trial practice, have the proven ability to obtain optimal results. Our attorneys are capably assisted by an outstanding team that includes Jane O’Shaughnessy, MD, and Cathy Brown, RN. Both Dr. O’Shaughnessy and Cathy Brown, R.N. have exemplary medical background and they have many years of experience in evaluating medical malpractice cases.

If you or a loved one have sustained a serious injury due to malpractice, we can provide you with the expertise that you are looking for. We offer a free consultation to discuss your case, and we do not charge for our work unless we obtain recovery for you. We only get paid if you get paid. You can reach us at (816) 484-3776, send us an email, or click here to complete our online contact form. Also, you can contact us by telephoning our chatline.