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A doctor-patient relationship existed. The doctor was negligent. The doctor's negligence caused the injury. The injury led to specific damages. Failure to diagnose. Improper treatment. Failure to warn a patient of known risks.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.

It is difficult and therefore expensive to demonstrate to a jury that a health care provider acted unreasonably. It is often at least as difficult and therefore at least as expensive to demonstrate that the negligence, rather than the underlying illness/injury, is what harmed the patient.

Medical malpractice cases are notoriously difficult for patients to win. You might read about plaintiffs getting awarded millions of dollars after a successful medical malpractice lawsuit, but you'll rarely come across articles about plaintiffs who have lost their cases at trial, and that's the more common outcome.

To prove a case of medical malpractice, an attorney must demonstrate that a healthcare provider: Had a duty of care to the patient. Breached the standard of care (or acted in a way that a reasonable, similarly trained person would not have acted) That the breach, or error, caused actual harm to the patient.

To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.

Whom can I sue in a medical malpractice claim? You may sue any individual who committed the malpractice. Most often, the defendant will be a doctor, but sometimes a patient will sue a nurse, an anesthesiologist, or another hospital staff member.

Vermont Complaint for Medical Malpractice

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How do you prove medical malpractice?

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What are the 4 elements that must be proven in a case of malpractice?

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