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How does a plaintiff establish medical negligence?

The caring of people’s medical needs requires that doctors, nurses and other caregivers do all that is in their power to see to the well-being of their patients. Should a person suffer an injury while receiving care from a hospital or other care facility, an investigation may need to be carried out to determine the cause.

The first order of concern is determining if the injury that a patient suffered was in some way a result of medical negligence. But what criteria are used to determine if an unfortunate event was the result of negligence? In order for an event to be deemed the result of medical negligence the following must be proven:

  • That the patient was injured.
  • That the professional administering care deviated from providing what is considered an acceptable standard level of care to the patient.
  • That the patient’s injury was in some way caused by deviation of the acceptable standard level of care.
  • That there existed a responsibility, or duty, owed to the plaintiff by the professional administering care.

In other words, patients are owed and should expect treatment that measures an established, acceptable level of care. If a health care professional fails to provide this standard, and this failure leads to a patient getting injured, then that professional could be considered negligent.

Negligence can be the basis for a malpractice suit. Such a suit seeks to secure appropriate compensation expenses associated with a patient’s injuries. Such compensation could be for medical bills, pain and suffering, long-term care or even loss of a loved one.

If you or a member of your family believes you have been injured due to the negligence of a medical professional, an Arizona medical malpractice attorney may be able to aid in developing your case.

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