How to Prove Fault in a Medical Malpractice Case November 28, 2019

Hartford, Hartford County
How to Prove Fault in a Medical Malpractice Case, ,

Doctors strive to heal patients and not cause additional harm, but unfortunately, mistakes happen. If you are injured as a result of an unintentional medical error, it’s wise to consult a personal injury attorney about seeking compensation. The information below can help you understand how negligence and fault affect medical malpractice cases and what you must prove to receive compensation.

Establishing Negligence

To establish negligence in a medical malpractice case, you or your lawyer must show that the medical professional owed you a duty of care, such as in a doctor-patient relationship. Next, there must be evidence of the professional standard of care that applied to your circumstances. Then you must prove the doctor or medical professional in question was at fault in failing to meet that standard.

Proving Fault 

personal injury attorneyIn Connecticut, proving medical negligence and fault requires you or your personal injury attorney to provide a medical opinion of the standard of care and negligence in writing. The opinion must state the details of the standard of care and the basis for asserting that negligence occurred. A health care professional who meets the state’s qualifications and provides similar services must sign the document as an expert witness.

Deciding Causation & Injury

Generally, when proving medical malpractice, you must show the medical negligence alleged was the direct cause of your injury or harm. Sometimes when an injury occurs during a surgical procedure, it is not possible to pinpoint the exact cause. Personal injury attorneys address this proof issue by arguing res ipsa loquitur, a Latin term meaning “the thing speaks for itself.” Courts can accept this argument when the only way an injury could have happened was if the medical professional was negligent and at fault.    


Pursuing a successful medical malpractice claim requires skill and deep knowledge of law and procedure. The personal injury attorneys at Peck & Peck Attorneys At Law in Hartford, CT, offer more than 35 years of experience in representing clients injured due to medical negligence. These lawyers are dedicated to obtaining the best possible outcome for their clients through injury settlements and trials. Visit their website to learn more about their practice or call (860) 236-4782 today and schedule a free consultation.

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