How Can I Prove a Medical Malpractice Personal Injury Claim?
Medical malpractice is a type of personal injury claim, however if you are suing a doctor or a hospital as a result of the care and treatment received, you are suing a professional. It is a type of personal injury case. If you are suing a doctor who is a professional, you are required to call one or more expert witnesses who have the training and experience in a similar field as the doctor you are suing in order to prove your case. The expert needs to come into the court and explain to the judge and or jury why the defendant doctor was negligent.
The experts need to be physicians who a preeminent in their field, and have had extensive training and experience in the same field as the defendant doctor. They need to have had reviewed all the medical records and other important information gathered during the case and then explain to the court and the jury why the defendant doctor deviated from the standard care or in general terms committed malpractice. Yes, medical malpractice is considered a type of personal injury claim, but because you are suing a professional, the burden with respect to what you are required to show to prevail is somewhat different. If you have any question about suing a doctor and what is required to prevail I would recommend that you contact an experience medical malpractice attorney who can then review your case and let you know if in fact you have a valid claim. If you or a loved one have suffered from medical malpractice, and you'd like to speak to an experienced attorney, please contact the law firm of Corsiglia, McMahon & Allard for a consultation today at (408) 289-1417.