Proving Medical Malpractice

Full Video Transcript

Medical malpractice cases can be difficult to litigate because they can be based largely on opinions, which may differ. Expert testimony is typically needed to show that the patient received substandard care and were injured as a result. Specifically, it must be shown that the health care professional failed to provide the patient with the standard of care owed to him or her, whether by virtue of making a mistake that was preventable, that the provider was incompetent, or otherwise. Another aspect of these cases that can make them difficult to prove is that many times patients receive care from multiple doctors, nurses, and other health care providers when receiving treatment. Accordingly, it can be difficult to pinpoint which providers contributed to the injury. Finally, sometimes adverse effects of medical care are not immediately discovered. If there has been a significant passage of time since the care was provided, then collecting the necessary evidence to prove the wrong may be difficult.