Medical, hospital, and nursing malpractice requires the Plaintiff to prove: 1) that there was a proper way of treating the condition (known as the Standard of Practice in the same or similar communities), 2) that the healthcare provider deviated from the Standard of Practice, 3) that there were injuries/damages, and 4) that the action, or failure to act, of each of the healthcare providers being blamed was a direct cause of the injuries/damages. All 4 of those things MUST be proven. In order to prove them, the Plaintiff MUST have medical testimony from an expert witness or witnesses having comparable skills as the people being blamed. Unfortunately, thinking, feeling, or believing that someone screwed up is NOT enough. Expert testimony is required. What you must do is to get all of the medical records from all of the hospitals, doctors, etc. with whom he treated, and then have those records reviewed by an experienced doctor, lawyer, or nurse to determine if it seems likely that there was malpractice. If the reviewer believes that there is a valid claim, then an expert witness must be hired to act as your consultant and to testify as to the 4 necessary things mentioned above. Good luck! These are very tough cases to prove, but they can be proven with the right facts and the right witnesses.
Answered on Nov 01st, 2016 at 6:27 PM