Proving fault in medical malpractice is important to your case, because without sufficient evidence, you may not be able to obtain the compensation you require. Your attorney will collect evidence along with expert testimonies to help support your story. Your medical history may be required in court.
Most cases will proceed with the notion that the medical provider was negligent in his or her behavior. For example, if the medical provider ordered the wrong prescription but it had a similar name, negligence might be considered a cause of injuries.
Negligence is defined by four major points. First, the doctor has to have a duty to a patient. Second, he must have deviated from a standard level of care. Then, if there is a connection between that deviation and the injury, negligence can be said to have occurred. In any case, an injury must be present.
Another way a medical professional can be negligent is by failing to warn patients of the potential dangers of certain medical equipment or technology. For example, imagine receiving a diabetic meter implant; these are helpful tools that can help manage insulin, but if a doctor doesn’t warn the patient about the risk of malfunctions or the risks of infection, then the doctor could be held liable if the patient is injured due to the implant at a later date.
Expert witnesses are required in many Florida cases when negligence is a potential cause. This is because you’ll need to prove that the doctor deviated from a normal standard of care; the only way to do this is to speak with other professionals in the same field and to have them testify.
Source: FindLaw, “Proving Fault in Medical Malpractice Cases,” accessed Feb. 10, 2016