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How is fault proved in a personal injury malpractice case?

When it comes to personal injury in a medical malpractice case, there are many things the victim must take into consideration. Above all else, the person must do whatever possible to reclaim one's former level of health. This can include visiting another medical professional, and in some cases undergoing a procedure or additional testing.

The process of establishing medical negligence is easier said than done, but far from impossible. The victim must prove the following:

-- The duty of a health care professional to the victim. Most commonly, this is a doctor to patient relationship.

-- A breach of duty when considering the standard of care.

-- A connection between the breach of care and the injuries suffered by the patient.

-- Injury suffered by the patient.

Most importantly, and to sum up the above, it must be proven that the medical professional did not provide the acceptable level of standard medical care.

With so much to prove, a medical expert who is qualified in the appropriate field of care is often hired by the plaintiff to pinpoint the standard of care as well as any areas in which the medical professional fell short of his or her duties.

In order for a personal injury medical malpractice case to proceed, the victim must be able to prove that the medical professional who provided care was negligent in some way, shape, or form. The process of proving this fault begins with the collection of information, and can lead toward the hiring of a qualified personal injury attorney with experience in the area of medical malpractice.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases" Oct. 14, 2014

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