There are several critical elements to medical malpractice cases. The first step is to determine is whether the physician had a "duty" to the patient. In order for there to be a duty of a doctor or other medical professional to provide care to a patient, there must be some form of agreement between the doctor and the patient regarding medical treatment. If a doctor or other medical professional agrees to treat a patient, then a certain degree of competence and skill is expected.

Medical professionals have a legal duty to adhere to the applicable "standard of care" when they render medical treatment. Expert witnesses are usually required in medical malpractice cases to establish the standard of medical care in the geographical area or in the area of medical specialty at issue. The second element of a medical malpractice claim requires the presentation of expert testimony that defines what the acceptable standard of care is and explains how the physician's conduct did not meet the standard of care.

The third element of a medical malpractice claim is causation. The attorney representing the victim of medical negligence must prove that that physician's actions (or omissions) caused injury or harm to the patient.

A doctor or medical provider may have been negligent in treating a patient, but in some cases that negligence is not the cause of the injury suffered by a patient. Because the law requires a causal connection between the doctor's negligence and injury, not all instances of medical malpractice are compensable. Determining causation in medical negligence cases is often a very complicated issue that requires a thorough analysis of the patient's medical records. Proving causation, in a medical negligence case, usually requires the assistance of expert witnesses.

In many cases, the cause of injury can be attributed to the negligence of multiple health care providers. For example, a patient may be treated by a number of doctors, nurses, and medical technicians during the course of a hospital stay. Determining which of these providers were negligent, and how that negligence caused harm to the patient can be extremely complex. The emergency room doctor may have incorrectly diagnosed a patient, but a subsequent consulting doctor may have been negligent in failing to correct the diagnosis. A subsequent series of errors in the operating room, each by a different surgical technician, may require naming each technician as a defendant because each negligent act contributed to the injury. In such cases, experts are needed to determine the cause of injury or harm.

If you or a loved one has been injured as a result of possible medical malpractice, call the Sweeney Law Firm now at (866) 793-6339 or submit the case form below. The initial consultation is free, and if we agree to accept your case, we will handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. There is no reason to hesitate. You may have a valid claim and be entitled to monetary compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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