Proving Negligence in a Medical Malpractice Case

To establish a claim for medical malpractice, the patient has the burden of showing: (1) the healthcare provider owed the patient a duty recognized by law; (2) the healthcare provider breached that duty by departing from the proper standard of care; and (3) the acts or omissions complained of were a cause of the patient's injuries.

To prove a beach of duty, the patient must prove that the healthcare provider did not possess and apply the knowledge and use the skill and care ordinarily used by reasonably well qualified healthcare providers practicing under similar circumstances, giving due consideration to the locality involved.

An act or omission is a cause if it contributes to bringing about the injury. That act or ommission doesn't need to be the sole event to bring about an injury in order to be seen as the “cause”. If that act or ommission is one of several factors, it may still be deemed a cause where it can reasonably be found to be a signficant link to that injury.

In a medical malpractice lawsuit, expert testimony is normally required to prove that the healthcare provider breached the standard of care.

The injured patient may recover the following elements of damages: medical expenses, lost earnings, pain and suffering, and loss of enjoyment of life.

If you or someone you know has been the victim of medical malpractice, it's important to have an experienced attorney review your case. Contact us at James Wood Law to talk with an Albuquerque personal injury attorney who can help.

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