How Are Cases of Surgical Malpractice Proven?
Surgical error cases are under the same burden of proof as other medical malpractice lawsuits. The following are elements that must be clearly established in order to file a claim for surgical malpractice and prove liability:
- The surgeon or anesthetist owed the patient a duty of care - this applies to surgeries that are planned as well as emergency operations.
- The surgeon failed to operate under the standard level of care expected of other medical professionals in the same situation.
- The patient suffered emotional or physical harm.
- The harm suffered by the patient was a direct result of the surgeon's negligence or error.
In order to prove your surgical malpractice case, you need to work with a skilled Louisville surgery error attorney at Dolt, Thompson, Shepherd & Conway. Our experienced team can investigate all aspects of your case, collect evidence, and work with expert witnesses that support your claim for damages.
Call (502) 242-8872 today to arrange a free, no-obligation consultation of your case.