To win a medical malpractice case, you will be required to prove each of the following elements by a preponderance of the evidence:
You and the health care provider you are suing had established a provider-patient relationship.
The treatment you received fell below the expected standard of care.
The provider's incompetent care caused your injuries.
The provider's negligence and your injuries caused you to suffer calculable losses.
Winning a medical malpractice claim in Pennsylvania will necessitate working with a medical expert. Pennsylvania requires medical malpractice plaintiffs to file certificates of merit with their civil complaints certifying that the evidence has been reviewed by a medical expert who can testify that the treatment that was provided fell below the expected standard of care and caused the plaintiffs' injuries. Working with a medical malpractice attorney can also increase the likelihood that you will prevail in your case.