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Medical malpractice has a few unique issues. Probably the most unique is the requirements to prove your case in a medical malpractice case. For example, if in a car accident case everyone with a driver’s license knows that if a light is red and you drive through the intersection that you have fault for that. In a medical malpractice case, nothing is that clear.
So the first hurdle in a medical malpractice case is proving what did the doctor, physician, nurse practitioner, what did that healthcare professional, what was the standard for them? What’s the standard of care required by that healthcare professional?
The second part is to figure out did they breach that? Did they violate the standard of care? Did they breach their duties? And then, it becomes more like another personal injury case where you’re proving that that harm or that conduct caused harm to the patient. That’s’ the first hurdle.
The second is obviously, to prove healthcare standards of care and what’s required of a healthcare provider and it requires experts to testify. And so, in an any medical malpractice case we’re required to have sometimes one, sometimes a number of healthcare professionals who testify as an expert in that field. Those cases for that reason can become very expensive to pursue because doctors and nurses are more expensive when you hire them as experts to take their time.
Phoenix, AZ personal injury attorney Teri Rowe explains the process of taking on a typical medical malpractice case.