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The burden of proof for medical malpractice

As a patient in hospital, you depend highly on the competence and care of its medical professionals as well as methods of treatment. Physicians have a legal duty to offer you the best possible care. Injuries can occur or conditions may worsen because of delayed diagnosis and inappropriate treatment. If you have experienced this, then it is possible that medical professionals have failed in their legal duty to care for you.

Understanding how the law works in relation to medical malpractice can offer you protection. For any medical malpractice suit, the burden falls on the victim to prove that physicians or the hospital acted negligently

How to prove medical negligence

There are several components to a successful medical malpractice claim. First, it must be shown that the practitioner or medical facility owed you a duty of care.

If a duty of care has been established, you will then need to show that this duty has been broken. For example, if the claim is against a physician, evidence must show that they have breached their duty or treated you in an incompetent manner.

It is not enough merely to show that a duty of care has been breached. There must be damages for a medical malpractice suit to be appropriate. In other words, the alleged breach of duty must have caused you some form of suffering.

If you feel that your medical treatment has been negligent, it is important to act. Take note of all treatments and the conduct of doctors. Consider how this treatment has negatively impacted your life. Familiarizing yourself with medical malpractice law is vital as a successful malpractice case could result in your recouping damages.