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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.

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