Doctors are human. And unfortunately, humans are not perfect. Mistakes and errors happen. And when they affect a patient, it could lead to severe or fatal consequences. There are laws in place to help protect a victim of medical malpractice. What is most important is establishing who was at fault for the malpractice. This can be a tricky endeavor, however, and often requires a thorough understanding of the legal aspects of the case.
In order to prove negligence, there are a few factors that must be considered. The patient must first prove and establish the "duty owed" by the doctor or medical professional. The patient must also prove that the medical professional or doctor deviated from their standard of care. The patient must then establish a link between this deviation and the patient's injury. Once all those criteria have been met, then it can generally be proven that a doctor or medical professional has committed medical malpractice.
Courts have established an acceptable standard of medical care. When a doctor or medical professional falls below that standard, that individual may be considered negligent. This is applicable not only to misdiagnoses, but incorrect prescriptions or medical devices administered, or even failing to obtain informed consent from a patient.
Establishing fault and applying negligence to one or more medical professionals is not easy. If you believe you have been a victim of medical malpractice, it may be in your best interest to get more information about medical malpractice law to learn the best way to proceed and to maximize your chance for success.
Source: findlaw.com, "Proving Fault in Medical Malpractice Cases," Accessed on Oct. 18, 2016