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Medical malpractice suits start with proving negligence

The modern world's advances cure all kinds of ailments and injuries, making it easy to forget that many worsened conditions and deaths occur due to negligent in-patient treatment. However, it can be difficult proving negligence on the part of a doctor, nurse or some other care provider.

If you have experienced harm because of substandard or negligent medical care, you absolutely deserve to be compensated for your losses. Evaluating the strength of your claim requires understanding the standards that must be met to prove negligence, and therefore, malpractice.

Negligence is a many-headed beast

First, you must establish that the health care practitioners had some specific duty to the patient who was harmed. While this may seem obvious, the relationship between the person who was hurt and the individual or individuals who are responsible must be established.

Second, you must demonstrate that the practitioner was expected to provide some certain standard of care, and did not meet that standard. Negligence is about a deviation from an expected responsibility, so that responsibility must be defined.

Third, one must further demonstrate that the negligence of the practitioner was responsible for harming the patient.

All of these elements must be present in a claim in order for it to have a good likelihood of success. Otherwise, you will be unable to prove malpractice occurred. For instance, even if the first two standards are met, and you are even able to prove that the practitioner in question was negligent, if the negligence cannot be demonstrated to have caused the harm, the case may be thrown out.

Building a strong case means building a strong team

These are only some of the elements that comprise a strong medical malpractice claim. If malpractice negatively impacted your health or endangered your life, you deserve the best chance at seeking and achieving justice.

The reality of the system is that justice is almost always hard-won and will require the help of an experienced and knowledgeable trial attorney fighting for you. An aggressive, experienced legal team can help you understand the scope of the battle you are waging.

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Orin J. Cohen Law
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