How is medical malpractice proved in court?
To prove that a physician or other health care professional has been negligent, the patient (the plaintiff in a malpractice lawsuit) must introduce evidence showing the following: (1) the patient’s condition which prompted the need for medical care, (2) the defendant’s conduct and why it was negligent, (3) the appropriate care which the patient should have received, and (4) the injury caused to the patient by the negligent medical care. Expert witnesses with knowledge of the standards of care in the defendant’s field must be employed to review the case and render opinions as to whether the defendant was negligent and, if so, to what extent the negligence injured the patient. In a very few cases, experts are not needed to prove the defendant’s negligence. For example, if a surgeon operates on the wrong part of the body, as has sometimes happened, an expert is usually not needed to prove the defendant’s negligence.
