Understanding Medical Malpractice in America

by | Aug 8, 2014 | Firm News, Medical Malpractice |

From Ohio to California, it is important for people to understand how medical
malpractice laws works and what rights they have under these laws. This
is not something that many people think about before something goes wrong,
but having a general understanding of how everything works beforehand
can enable them to act more quickly if they feel they have been wronged
in any way.

For example, it is important to know what burden of proof will be on the
patient in a
medical malpractice suit. They have a responsibility, along with their legal team, to demonstrate
that the doctor did act in a negligent manner when he or she was charged
with giving proper care. They may also want to pursue a similar line of
proof and show how they were subjected to injuries and discomfort as a
direct result of the actions that the doctor took or the things the doctor
failed to do.

This can be broken down further into a four separate things, all of which
must be considered and then proven. The first is that the doctor officially
had a duty to that patient. The second is proving the duty that was owed
ended up being breached by the physician. The third is showing that said
breach resulted in injury, and the fourth is showing what damages can
be traced back to that injury.

Damages do not have to be all about the true financial loss, such as the
resulting medical bills and the need for further care. Monetary compensation
can also be given out for things like pain and suffering, if it fits the


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