How Can You Prove Fault In A Medical Malpractice Case?

Obviously, doctors can make mistakes. They cannot fix all problems and it is sometimes seen that they make a mistake that causes serious injuries or even wrongful death. We normally expect the doctors to offer the best possible service. That is not what happens in every single situation. It is really important to understand that doctors are humans and they can make mistakes. This is where the medical malpractice claim appears. At the same time, we have situations in which injuries or death happened because of related reasons like faulty equipment.

Unfortunately, it is the responsibility of the victim or a representative to prove fault. This is highly complicated. The reason why you want to hire lawyers specialized in medical malpractice like Khan Law Firm, PLLC, is that you need all the help you can get. Proving fault is often related to the following situations.

Medical Negligence

If you want to establish that negligence happened, you should prove that:

  • The health care professional had a duty towards the plaintiff.
  • Applicable care standards were not respected.
  • Causal connection appears between the deviation from the standard of the health care professional and the injury that appeared.

The difficult part in this case is to establish that care standards were not applied. This is where the testimony of other medical experts is necessary, together with any other proof that can highlight the care standard that was not respected. Expert testimony is normally the most effective.

Negligent Prescription Of Medical Devices Or Medications

Medically professionals can be liable for wrongful deaths and injuries if there was a prescription of a medical device or a prescription that was improper. Pharmaceutical manufacturers are going to be considered as being liable when a drug caused the injury or when the manufacturer did not properly warn about potential dangers or side effects.

Prescribing physicians are normally considered as being learned intermediaries. This means that the superior medical knowledge that is in place should dictate the actions of the patient. When adequate information was not offered to the patient or when the pharmaceutical manufacturer did not offer all information, problems appear. Fault can be determined thanks to the documents that are connected with the case.

Informed Consent

The last common case that warrants the medical malpractice lawsuit is not obtaining informed consent from a patient before a treatment or a procedure is administered. This is a medical negligence form that can lead to a batter cause of action. Informed consent definitions will vary from one state to the next but there are always strict rules and regulations that do apply. In the event that these rules and regulations were not respected, the patient is not properly informed. The decision that was taken was negligently influenced by not following the protocol.


Medical malpractice is a highly complex topic. It is really important to get legal representation if you want to prove it. In many cases they have specialists that can help. If you were injured it is difficult to get all the proof you need.