How to Prove a Medical Malpractice Claim?

In order to prove a medical malpractice claim, you must prove three elements. First, that the doctor or other health care provider’s standard of care fell below that of accepted standards. The doctor failed to do what a reasonable doctor with similar training and experience would have done in the same situtation. Members of the medical profession have a high level of care which they must maintain due to the nature of the work they perform. Second, the lack of care must have caused injury or loss to the patient.

Proving the lack of care caused the injury or loss to the patient is specific to each case. The mistake may be obvious, such as a surgical instrument left in a patient after an operation, or it may need the help of expert testimony. Third, it must also be fair and reasonable to hold the health care provider responsible for the damages caused to the patient. If all three elements are proven, you likely will have a successful medical malpractice lawsuit.

Why We Are Successful - Our Qualifications:

Attorney Paul d'Oliveira and his Associate Attorneys have settled thousands of personal injury cases over the past 23 years. We know who the best medical malpractice lawyers are for your specific type of case in RI and MA and are committed to helping you find the best lawyer to represent you. Remember the attorneys we work with do not charge a fee until you recover an award or a settlement of our case. While this firm maintains joint responsibility, medical malpractice cases are referred to a local attorney in your area who is experienced in litigating these types of cases.