How To Establish Fault In A Medical Malpractice Case


When a patient visits a doctor or undergoes surgery at a hospital, it is not unreasonable for the patient to have a certain expectation that the medical professional will work hard to make the patient healthy and prevent any harm from coming to the patient.  This is one of the duties owed by medical professionals to patients.  However, despite this, there have been instances when doctors, surgeons, nurses, and other medical professionals have harmed their patients with negligent actions.

When a medical professional has committed a negligent act that leads to injury or harm to the patient, that patient can bring a medical malpractice lawsuit.  Anyone, including doctors, nurses, surgeons, pharmacists, and other medical professionals can be sued for medical malpractice.

There are many types of mistakes that a patient can sue a medical professional for, including:

  • Failing to diagnose a serious medical problem
  • Failing to remove all surgical instruments from the body after surgery
  • Filling the wrong prescription at a pharmacy
  • Performing surgery on the wrong organ or body part
  • Prescribing the wrong medication to the patient
  • Using too much anesthetic during surgery

In order to have a successful medical malpractice, one of the things the plaintiff must do is prove fault.  This essentially means that the plaintiff must prove that a party was responsible for the medical error that occurred.  If fault is proven, then the person at-fault can be held legally liable for the negligent acts they committed.

To prove fault the plaintiff must prove that the defendant:

  • Owed a duty to the injured plaintiff,
  • Breached that duty to the patient by deviating from the standard of care that is expected among medical professionals,
  • The breach of duty caused the patient to be injured, and
  • Caused the patient to be injured.

To prove there was negligence, the plaintiff must show that the conduct of the defendant fell below the standard of care that is expected in the medical field.  Medical experts, who are qualified in the same field of medicine as the defendant, are necessary to establish the standard of care.  These medical experts provide testimony that explains the standard of care that is expected among workers in that profession.  In addition, the plaintiff must show that the defendant failed to meet that level of care.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at