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What Do You Need to Prove in a Medical Malpractice Case?

Gavel and stethoscope.

Proving medical malpractice isn’t easy. There are certain elements you and your legal team need to demonstrate to prove that the injury was malpractice and that the doctor was not working to the standard of their field. But what are these elements, and what do you need to prove in a medical malpractice case? Let’s take a closer look.

If you want an experienced New York City personal injury attorney from Simonson Goodman Platzer PC to fight for your recovery, don’t hesitate to send us an email or call (800) 817-5029.

What is Medical Malpractice?

Medical malpractice is defined as when a medical or health care professional makes a mistake — purposeful or not — that causes injury or harm to a patient. This doesn’t just happen during a procedure — medical malpractice cases can happen during the diagnosis, aftercare, or health management of a patient.

How Can You Prove Medical Malpractice?

To prove medical malpractice took place, the following elements need to be established:

  • Proving the Doctor-Patient Relationship: You have to prove that the doctor you’re filing a claim against is the one you hired to provide medical care to you.

  • Medical Standard of Care Was Not Upheld: Doctors are held to the ‘standard of care.’ This is a way of asking what a hypothetical doctor of similar skill would do when presented with the same facts. If your doctor’s care plan significantly deviates from that, it’s more likely they failed to uphold the standard of care.

  • The Doctor’s Actions Caused the Injury. The evidence must show that you suffered a serious injury because the doctor broke the standard of care. In other words, you must demonstrate not only that you are injured but that you are injured because of medical negligence.

Proving medical malpractice is extremely difficult. That’s why if you’re considering filing a medical malpractice lawsuit, it’s important to have an established team of attorneys representing you. At Simonson Goodman Platzer PC our attorneys have more than 40 years of experience and have a 98% success rate in getting compensation for our clients. Reach out today for a free consultation at