An Aggressive Advocate, When You Need It Most.

What must I show to prove a doctor was negligent?

Published on Oct 17, 2019 at 6:18 pm in injuries.

If you want to take a doctor to court for medical malpractice, you have the burden of proof. Even though, this type of case is a civil procedure, the doctor maintains innocence until you prove otherwise just as if this were a criminal case. The idea of proving guilty and presuming innocence is at the heart of every legal battle in this country. So, with that in mind, when you head to a Pennsylvania court, you need to make sure that you have what it takes to prove your doctor was negligent.

The American Bar Association explains that in a medical malpractice case, you need to show enough evidence to convince the judge or jury that the doctor did not follow standard medical practices. You can do this through providing testimony of other medical professionals.

Expert witnesses such as other doctors will know and understand medical processes. They will know above anyone else what is the standard care given in any situation, and while each medical situation and each patient is often different, there are still standards of care that work across the board. Even if using that standard of care did not work or your doctor thought it would not work, it still is what your doctor should have done.

Witnesses also help to show the standard of care in relation to the situation. They will explain what the standard of care should be based on the details of your medical situation. This enables them to explain to the judge or jury what most doctors would do and what is acceptable in your specific situation. This enables the judge or jury to see what exactly your doctor did and did not do to determine if he or she is negligent. This information is for education and is not legal advice.

Request Attorney Consultation

Call us or fill out the form below to schedule a confidential case evaluation. We can help you determine if you need a lawyer, if you have a potential case, and if so, what your next step should be.

Legal & Firm News

How To Obtain a Car Accident Report in Pennsylvania

If you don’t know how to obtain a car accident report in Pennsylvania, the information below will provide guidance. A car accident report is often an important piece of evidence you’ll need when filing a claim with your (or another driver’s) insurance company. The following information about how to obtain a car accident report in […]

Read More

What Happens After You Win a Workers’ Compensation Case?

Securing workers’ compensation benefits can be an uphill battle. Many applicants are initially denied, forcing them to go through an appeals process in order to secure the benefits they are rightfully owed. With so much effort going into winning these benefits, few people give much thought to what happens after you win a workers’ compensation […]

Read More

Is Lane Splitting Legal in Pennsylvania?

When you ride along with motorcyclists here in Williamsport or elsewhere in Pennsylvania, how often do you notice them attempting to navigate around other vehicles when traffic congestion exists? You likely notice it quite a bit, which may lead you to wonder if their actions are lawful. While some states allow motorcyclists to split lanes, […]

Read More