What Documents Do I Need To Provide To Successfully Win a Surgical Malpractice Case?

In any medical malpractice case, you need to prove the existence of a doctor-patient relationship, prove negligence on the part of the attending doctor or medical staff, and show that the injury or harm was caused by that negligence and not other factors.

In a medical malpractice case, three main facts have to be proved.

  • The main thing you should show is that a doctor-patient relationship existed. This is an important fact, the court needs to understand the medical expert is responsible for the damages.
  • The second essential point is showing the specialist treating you was negligent. This can be shown by demonstrating that in the same circumstances another qualified doctor would not have acted in the same way. This can be done by consulting an expert. At The Law Offices of Sean M. Cleary, we collaborate with medical experts who can help us show that the specialist was negligent.
  • The following thing you have to prove is the way harm was caused by the doctor's actions. You will have to show that your injury is not caused by a prior medical condition that your specialist had no power over.

All in all, you have to demonstrate how your injury was inflicted and who caused it. Even when a specialist is negligent, he is not always responsible for a patient’s condition.

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