How to Prove Fault in a Medical Malpractice Case

August 5, 2014

If you have been injured at the hands of your doctor, you may be wondering whether or not you have grounds to pursue a medical malpractice lawsuit. While some people assume that they can establish negligence solely on an unsuccessful outcome, it is important to understand that proving fault is actually much more complex. Since our doctors cannot be expected to cure or fix all of our ailments, you must rather be able to prove that they had failed to perform their duties in a reasonably diligent manner. As a patient, your doctor is expected to meet a certain standard of care when diagnosing and/or treating your medical condition. Should they fail to do so, and you are injured as a result, you would have grounds to seek damages. More specifically, you must be able to prove that:

  • A formal doctor/patient relationship existed;
  • The doctor breached their duty of care;
  • The doctor’s negligence caused your injuries; and
  • You have suffered damages as a result.

If you can adequately establish each of these elements, you should be able to pursue damages from the liable party; however, you should not attempt to do so alone. When you enlist the help of a Milwaukee personal injury attorney from Welcenbach Law Offices, S.C., you can ensure that you are putting your best foot forward. For this reason, we encourage you to get in touch with our firm today. All you have to do is give us a call today (414) 375-9133 to find out how we can help. It won’t cost you a thing to discuss your case with a legal professional at our firm, so there is no reason why you should wait any longer to get started. We have several decades of experience that we are ready to put to work for you.