Spain Mexico
Philadelphia, PA Cherry Hill, NJ New York, NY Roseland, NJ 1-866-LOCKSLAW
Facebook Twitter LinkedIn
Locks Law Firm
Facebook Twitter LinkedIn
Get Started
  • No win, no fee
  • Free consultation
  • Home
  • About
    • About Us
    • The Team
    • Office Locations
    • Newsroom
    • FAQ
  • About
    • About Us
    • The Team
    • Office Locations
    • Newsroom
    • FAQ
  • Practice Areas
  • Practice Areas
    • All Practice Areas
    • Medical Malpractice and Nursing Home Abuse
    • Environmental and Toxic Torts
    • Catastrophic Personal Injuries
    • Dangerous Drugs & Devices
  • Testimonials
  • Blog
  • Contact
  • Get Started
  • Spain Mexico   Spanish
  • About
    • About Us
    • The Team
    • Office Locations
    • Newsroom
    • FAQ

    One of the most prominent personal injury law firms in the tri-state region, the Locks Law Firm is steadfastly committed to protecting the rights of seriously injured victims.

    Free Case Evaluation
  • Medical Malpractice and Nursing Home Abuse
    • Nursing Home Abuse and Neglect
    • Hospital Acquired Infections
    • Medication Errors
    • Misdiagnosis / Failure to Diagnose
    • Surgical Errors
    • Needle Stick - CRPS

    Medical malpractice is any act by a health care provider that deviates from accepted standards of medical care and results in the personal injury, disability, or wrongful death of a patient. Nursing home abuse or negligence can take many forms. It can include physical, sexual, and emotional abuse, neglect, negligent care, and even financial exploitation.

    Free Case Evaluation
  • Environmental and Toxic Torts
    • Asbestos and Mesothelioma
    • Benzene
    • Chemical Exposure
    • Manganese Exposure
    • Natural Resource Damages
    • Toxic Injuries
    • Workplace Exposure
    • Camp Lejeune Water Contamination

    Exposure to toxic chemicals in the workplace or environment can cause serious, sometimes fatal health problems, including cancer.

    Free Case Evaluation
  • Catastrophic Personal Injuries
    • Burns and Chemical Burns
    • Traumatic Brain Injuries
    • Spinal Cord Injuries
    • Wrongful Death

    Catastrophic personal injuries include brain and spinal cord injuries, severe burns, carbon monoxide poisoning and, most seriously, death.

    Free Case Evaluation
  • Dangerous Drugs & Devices
    • Allergan Breast Implant Recall
    • Hernia Mesh
    • IVC Filters
    • Philips Respironics Lawsuit
    • Zantac (ranitidine)
    • NEC Baby Formula

    At the Locks Law Firm, our pharmaceutical litigation and defective drug lawyers are committed to serving personal injury victims and are well versed in the product liability laws that protect consumers.

    Free Case Evaluation

Locks Law Firm

Philadelphia, PA

(215) 893-0100

Cherry Hill, NJ

(856) 663-8200

New York, NY

(212) 838-3333

Roseland, NJ

(973) 671-1940

Locks Law Firm

Philadelphia, PA

The Curtis Center
Suite 720 East
601 Walnut Street

Cherry Hill, NJ

801 North Kings Highway

New York, NY

800 Third Ave 11th Floor

Roseland, NJ

3 Becker Farm Road
Suite 105

Locks Law Firm

Philadelphia, PA

[email protected]

Cherry Hill, NJ

[email protected]

New York, NY

[email protected]

Roseland, NJ

[email protected]

Blog

How Do You Prove Medical Negligence?

Medical malpractice, or medical negligence as it is also called, is care or treatment by a medical provider (doctor, nurse, therapist, etc.) that is found to be below the accepted standard of care and that caused harm to a patient. In a medical malpractice lawsuit, it is the burden of the patient who is alleging injury to prove that the medical provider failed to render proper care to her, and that failure was a substantial contributing cause of the injuries claimed. Establishing that the medical provider’s care fell below the standard of care can, in some cases, be fairly straightforward and is often easier to prove than the question of causation, i.e. linking the injury to the substandard care.

When analyzing if a deviation from the standard of care occurred during the treatment of a patient, consultation with the correct medical expert(s) is critical before determining if a lawsuit can be filed.  The experts help the lawyer to assess what the medical standard of care was under the specific circumstances of a potential case, and then determining whether the medical provider’s care was sub-standard.

If in the expert’s opinion the medical provider’s care fell below the accepted standard, then the patient is required to prove that the below-standard care was factual cause of harm suffered by the patient.  The level of proof required is “within a reasonable degree of medical certainty.” This is interpreted as a “more likely than not” standard of proof, and in medical negligence cases is always requires expert testimony.

Surgeries and medical procedures carry with them an inherent number or risks and complications that can occur, even when they are performed flawlessly.  These are known and accepted risks. And sometimes, despite the best care, healing and return to function does not occur. It is often difficult to prove within a reasonable degree of medical certainty that a bad outcome was caused by negligence of the surgeon.  Likewise, in a delayed cancer diagnosis case simply because cancer and cancer treatments have well-known and accepted risks that can lead to significant disability and death, proving that if the doctor detected the disease earlier the patient’s outcome would have been better is often very difficult.

That being said, the medical malpractice team at Locks Law Firm works with the best and most respected physician experts in their field.  Careful and detailed analysis of medical and legal issues of potential matters permits the lawyers at Locks Law Firm to fully discuss with our clients the risks and benefits of moving forward with a medical negligence lawsuit.

 

Steven Knowlton

Guest Author
June 21, 2019 Steven Knowlton

Tell Us About Your Case

If you can read this, please avoid filling the following input field or your submission may be marked as spam.
Thank you for contacting us! We will be in touch with you shortly.
Uh oh. There was a problem processing your request. Please try again!
Previous Entry

Evidence of Risk May Be Admissible in Medical Negligence Cases

Next Entry

Three People, One Email and New Law on Waiver of Attorney Work Product

Recent Entries

  • Locks Law Firm Announces New Partner: Victoria A. Schall, Esq.
  • Camp Lejeune and the PACT Act
  • Locks Law Firm Partner Al Anthony Helps Raise Over $1.3 Million for Pillar Care Continuum
  • Jennifer Emmons Named Managing Partner
  • Stephen M. Tatonetti Joins the Locks Law Firm Team

Archive

  • January2023
  • August2022
  • February2022
  • January2022
  • September2021
  • August2021
  • July2021
  • March2021
  • February2021
  • January2021
  • November2020
  • September2020
  • July2020
  • June2020
  • May2020
  • April2020
  • March2020
  • February2020
  • January2020
  • December2019
  • November2019
  • October2019
  • September2019
  • August2019
  • July2019
  • June2019
  • May2019
  • April2019
  • March2019
  • February2019
  • January2019
  • December2018
  • November2018
  • October2018
  • September2018
  • August2018
  • July2018
  • June2018
  • May2018
  • April2018
  • March2018
  • February2018
  • January2018
  • December2017
  • November2017
  • October2017
  • September2017
  • August2017
  • July2017
  • June2017
  • May2017
  • April2017
  • March2017
  • February2017
  • January2017
  • December2016
  • November2016
  • October2016
  • September2016
  • August2016
  • July2016
  • June2016
  • May2016
  • April2016
  • March2016
  • February2016
  • January2016
  • December2015
  • November2015
  • October2015
  • September2015
  • August2015
  • May2015
  • April2015
  • March2015
  • February2015
  • January2015
  • December2014
  • November2014
  • October2014
  • August2014
  • June2014
  • April2014
  • February2014
  • August2013
  • July2013
  • June2013
  • February2013
  • December2012
  • November2012
  • October2012
  • September2012
  • August2012
  • July2012
  • June2012
  • September2011
  • January2011
  • November2010
  • September2010
  • August2010
  • July2010
  • June2010
  • March2010
  • February2010
  • January2010
  • December2009
  • November2009
  • September2009
  • August2009
  • July2009
  • April2009
  • March2009
  • February2009
  • January2009
  • July2008
  • June2008
  • May2008
1-866-LOCKSLAW
[email protected]
Facebook Twitter LinkedIn YouTube
2021 Best Lawyers
Martindale-Hubble Award Ten Leaders

Copyright ©2023 Locks Law Firm. Made by Mindlark.

Locks Law Firm only provides legal advice after having entered into an attorney client relationship, which our website specifically does not create. Conversations that originate from website messaging, chat or other two way web based engagement  do not create an attorney client relationship. It is imperative that any action taken be done on the advice of counsel. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases. The firm practices law in Pennsylvania, New Jersey & New York as Locks Law Firm. Super Lawyers, Best Lawyers in America and other organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association.