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Kansas City Accident Injury Attorneys

What must I prove to win a medical malpractice case?

Just because an injury or death has occurred does not mean that compensation is due in every medical malpractice case. In order win and make a recovery, you must prove the following:
  • a. That a medical provider was negligent;
  • b. That you were injured and have damages; and
  • c. That your injuries and damages were caused by the negligence of the medical provider.

Your case must be proven by expert medical testimony. A doctor or medical provider in the same specialty as the negligent provider must be willing to testify that the conduct of the defendant fell below the accepted standard of care. Sometimes this is extremely hard to come by, even in cases in which the negligence is obvious.

In addition to negligence, you must be able to show that you suffered injury from the error and have suffered damages. Because of the tremendous hurdles in obtaining a recovery in a medical malpractice case, most experienced medical malpractice attorneys agree that the injury suffered must be significant. It is our belief that either the monetary damages (the medical bills and wage loss) generally must exceed $100,000, or you must have suffered a significant and permanent disability or disfigurement to warrant the expense and risk of prosecuting a malpractice case. See articles in this website for much more information concerning what you must prove to win your medical malpractice case. Also, contact our office for a FREE no obligation consultation.

James Roswold
James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.

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