What Do Courts Need in California Prove a Medical Malpractice Case?
How do courts prove medical malpractice? Medical malpractice cases are some of the most difficult cases to prove in a court of law because you're suing typically a doctor and at times a hospital which employs various nurses, technicians and other staff that assist doctors, that it requires a doctor as an expert witness to come in and testify as to what the doctor did or didn't do that amounted to medical malpractice.
Any time you're suing a professional, for instance a doctor or even a nurse, you're required to put on testimony by an expert in that field who can then comment as to what took place with respect to the treatment of the patient, and whether or not that care and treatment complied with or deviated from the standard of care. Now the expert will rely on the medical records, of course, imaging studies if available, and other evidence that's developed during the course of the litigation to determine whether or not the doctor or nurse or other professional complied with or deviated from the standard of care.
There's various aspects in a medical malpractice case that the courts look at in trying to decide whether or not there has been medical malpractice.