Hospitals, nursing homes and other medical providers owe patients a greater degree of care than one person over another. This is because they are entrusted with the medical treatment of individuals, so when a nursing home or hospital is negligent the patient may pursue a medical malpractice lawsuit against it. This article will discuss how to prove negligence when pursuing a medical malpractice lawsuit against a hospital or nursing home.
According to the Cornell Law School Legal Information Institute malpractice occurs when a professional fail to properly execute their duty to a client. The duty of a professional to a client is to follow the generally accepted professional standards. Medical malpractice is a specific personal injury case where the defendant is some sort of medical provider. The allegations associated with medical malpractice is that the defendant breached their duty of care while providing some type of medical care or treatment to the patient.
The plaintiff in any lawsuit must be able to establish all the legal elements so as to recover compensation. If any elements are missing then the victim will not prevail in that case. In civil cases, the standard that the jurors use is the preponderance of the evidence. The jury must decide if the plaintiff has established that it is ‘more likely than not’ that the defendant made all the legal elements of the claim. With regards to a medical malpractice case the following elements must be met by the plaintiff:
Because of the complexity of medical malpractice cases it is advisable to seek legal assistance from an Alaska medical malpractice attorney.
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