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How to Prove a Medical Malpractice?

Medical malpractice happens when a medical professional harms you or your loved one. It is when they do not perform their medical duties with the level of competence expected of them. When should you hire a medical malpractice attorney? 

Your malpractice lawsuit can get a bit tricky when you do not know how to file your malpractice lawsuit. With the help of a medical malpractice attorney, though, you will have a much easier time. 

There is no need to waste your valuable time typing in “medical malpractice lawyer near me” on your phone. Instead, keep reading for our expert advice on what to do when you are a victim of medical malpractice. 

How Do You Prove a Medical Malpractice Case? 

You cannot go at it alone; you need a medical malpractice attorney to prove your case. 

Your malpractice attorney must prove four things. First, what you can expect for a standard of care from a competent medical professional. Second, a breach of the standard expectation. Third, that this breach caused your injury or loved one’s death. Fourth, your medical malpractice attorney must prove what the financial damages were. Only then can you win your compensation. 

4 Things Needed/Required for a Medical Malpractice Claim

There are also four more specific things your claim requires. 

When There Was Negligence in Connection to the Diagnosis or Treatment

Your medical malpractice attorney ensures you are not just dissatisfied with your treatment. 

They have to prove your doctor was negligent with your diagnosis or treatment. 

How did your doctor cause you harm where a competent doctor wouldn’t have in the same situation? Your medical malpractice attorney must show this. They must prove that your doctor was not “reasonably skillful and careful.”

When Doctor’s Incompetence Directly Caused the Injury or Death

When Doctor’s Incompetence Directly Caused the Injury or Death

Medical malpractice lawyers often deal with patients who were already ill or hurt. 

So your medical malpractice attorney has to prove that your doctor was the cause. In other words, that your doctor’s negligence “more likely than not” caused your injury or loved one’s death. 

When You Hired the Doctor

You have to have an established working relationship with your doctor. Again, this is where your medical malpractice attorney comes in. 

You have to have hired them and they had to agree for you to hire them. Indirect and unofficial advice does not count here for your attorney, medical malpractice-wise. 

When Actual “Harm” HappenedWhen Actual “Harm” Happened

You and your medical malpractice attorney cannot sue if your doctor did not cause any real harm. That means even if they were negligent. 

But you can if you experienced any of the following: 

  • Physical pain
  • Mental distress
  • Lost wages due to missing work
  • Extra medical bills from the harm


You have a lot of questions about the legal aspects of personal injury. That’s regardless of whether they are about a medical malpractice attorney or otherwise. 

Do you need a lawyer for negligence? Was your loved one a victim of wrongful death, but you are unsure of how to go about filing a wrongful death lawsuit? 

No matter your individual case, The Sandel Law Firm is here for you. We have the insider knowledge that it takes to win your case and get you the compensation you deserve. 

Head to our blog or FAQs page for more helpful information. Do you need legal representation for your personal injury case? Call us toll-free at (844) 763-5529. Or, contact Sandel Law Firm today for a free consultation.

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