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Medical Malpractice Blog Post

Elements of a ‘Winnable’ Medical Malpractice Claim

Medical malpractice lawsuits have many inherent challenges simply because of how difficult it can be to prove a doctor was negligent in any given situation. Judges and juries tend to have an understanding that physicians have very difficult jobs and will not always be able to provide a favorable outcome for all their patients.

That being said, if there are certain elements in your case, you may have a greater chance at success. These include the following:

  • The presence of a doctor-patient relationship. This is fairly easy to establish, as all you need to do is show you were under the physician’s care. Any time a doctor examines a patient or provides any sort of treatment, a doctor-patient relationship has been established.
  • The presence of a mistake made by the doctor. Doctors are required to provide “reasonably competent” care to their patients at all times. By failing to provide the quality of care a “reasonably competent” professional would in the same circumstances, a doctor can be considered negligent. To be able to prove the physician did not uphold his or her standard of care, you will likely need an expert medical witness to compare and contrast your doctor’s actions with the actions expected of a “reasonably competent” professional in the same circumstances.
  • Proof the mistake caused your injury or condition. The harm caused to you by a doctor could take a variety of forms, including loss of wages, cost of medical bills and physical and emotional pain and suffering. You need to be able to prove the mistake made by the doctor had a direct correlation with the harm you experienced.

Contact a trusted San Diego medical malpractice lawyer at Thorsnes Bartolotta McGuire to learn more about your options after suffering an injury or illness in a healthcare setting.



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Thorsnes Bartolotta McGuire
2550 Fifth Avenue, 11th Floor
San Diego, California, 92103-6612 USA