In order to prove that medical malpractice has occurred, victims will need to prove the following elements:
A provider-patient relationship existed. It needs to be shown that the person who was injured had an established relationship with the provider in question. In general, anytime a patient is under a health care provider’s care, whether for an appointment or a procedure, this relationship will be established.
The medical provider was negligent. Simply being unhappy with the treatment or an outcome of the treatment does not mean that there was a case of medical malpractice. To prove that malpractice occurred, it needs to be shown that the doctor was somehow negligent in connection with the treatment or diagnosis. In these cases, it needs to be shown in the doctor failed to act in a way that a competent and similarly trained doctor, under similar circumstances, would not have acted.
The negligence caused the injury. It needs to be shown that the negligence of the medical provider in question actually caused harm to the patient. This can be difficult to prove because these cases typically revolve around people that are already injured or sick. There needs to be a direct link between the negligence and further injuries or illnesses.
The injuries led to specific damages. Even when it is clear that a medical professional performed below acceptable standards for their field, it needs to be proven that the patient actually sustained specific damages. This can include physical pain and suffering, additional medical bills, lost wages or lost earning capacity, mental anguish, and more.