Unfortunately, there is no silver bullet for winning legal cases of any kind. Each area of law has specific governing statutes, and each case has its own unique fact pattern. That being said, there are fundamentally four elements that are key to a successful medical malpractice case:
- Establishing a legitimate patient-doctor relationship,
- Proving that the medical provider neglected to provide a reasonable standard of care,
- Showing that this negligence directly led to the patient’s injuries, illness, or death, and
- Confirming that the patient suffered damages or loss as a result of this negligence.
Though this four-step outline may seem simple, medical malpractice lawsuits are the very complex and labor-intensive because:
- There are extremely strict guidelines that must be met before the case can even be filed,
- Malpractice cases are very fact intensive and require numerous expert witnesses, and
- Marshalling all of these facts and following the statutory process requires an array of legal and medical knowledge.