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What proof is required to make a medical malpractice claim?

On Behalf of | Oct 2, 2022 | Medical Malpractice

A medical malpractice claim is a legal action taken against health care providers who allegedly failed to execute their job appropriately. The damages in these claims are meant to compensate those harmed by the actions of a health care professional for their injuries or wrongful death. Individuals considering taking such an action against a health care provider in California should make sure they have certain things in place in order to prove their case. These include the following: 

  • Proof that the health care provider had a duty of care and should have been expected to provide a certain level of service in that circumstance 
  • Proof that their actions were careless or neglectful 
  • Proof of the harm caused by the misconduct, including a quantifiable loss, which can be a financial loss as well as pain or emotional impacts 

In other words, someone filing a medical malpractice lawsuit must prove not only that the individual harmed in a medical environment, but that it was the result of a health care provider acting in an incorrect or inappropriate manner. These legal actions can result in trials, but more frequently, they will lead to alternative dispute resolution (ADR). One common ADR in the medical field is a CRP, or communication and resolution program, which involves an investigation, explanation, apology and compensation to resolve an incident.  

Regardless of whether such mediation is used, it can prove invaluable for individuals who are considering a medical malpractice lawsuit speak to a California lawyer. An experienced lawyer can help to clarify the proof needs in one’s unique situation, as well as provide insight on how to proceed whether the case goes to trial or is sent to mediation.