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Proving fault: Starting a medical malpractice case

When you suffer at the hands of a medical practitioner, it's your right to pursue a medical malpractice case. This case can help you get the compensation you need for further medical care and to help you recover what you've already spent for the care you received.

To receive a settlement offer or to win a medical malpractice trial, you'll have to be able to prove fault. You know that not every failure doctors have is not a result of negligence or errors; some complications or treatments simply aren't predictable. What you should know is how to recognize it when a doctor's standard of care isn't up to the standard you should expect.

If a doctor does not treat you to the standards set by the medical community, there is a good chance your case is one that involves negligence. Medical providers owe a duty to you when you're a patient, and the health care provider must provide care to the applicable standard. For example, an eye surgeon should perform a surgery to the accepted standard of other eye surgeons in the same field.

You also need to show that there was a connection between the deviation from the standard of care and your injuries. For example, if the eye surgeon above slips and damages the cornea, that's a deviation from what was supposed to happen and not up to the standard the field has accepted as the norm.

After you're injured, you can speak to your attorney about what happened and what to expect if you file a medical malpractice case. You may be in a position to seek compensation that can help you get ongoing care for the health problems you're dealing with.

Source: FindLaw, "Proving Fault in Medical Malpractice Cases," accessed May 08, 2017

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