Medical malpractice occurs when a healthcare professional fails to provide care that meets accepted medical standards, and a patient is injured as a result. To succeed in a Philadelphia malpractice claim, you must be able to demonstrate exactly how a provider’s actions or inactions fell short of this standard of care.
First off, the standard of care is the level and type of treatment that a reasonably skilled and competent healthcare professional, practicing in the same field and under similar circumstances, would have provided. It is not based on perfection but on what another qualified provider would have done.
When a healthcare professional’s actions deviate from this standard, they may be considered negligent.
The Four Elements of Medical Negligence
To win a Philadelphia hospital malpractice case, you must prove four key elements:
Duty of Care
A healthcare provider must have had a professional duty to treat you. This is usually established by showing a doctor–patient relationship.
Breach of Duty
You must show that the provider failed to meet the applicable standard of care, meaning they acted (or failed to act) in a way that a competent provider would not have.
Causation
You must also prove that the mistake directly caused your injury or worsened your condition.
Damages
Finally, you must show that you suffered actual harm due to the malpractice. You must establish all four elements to have a successful negligence claim.
Expert Testimony Is Required to Prove a Breach
Pennsylvania law requires expert testimony in almost all medical malpractice cases. Specialists are generally needed to explain the technical, scientific aspects of the case, including:
- What the standard of care was
- How the provider violated it
- How this violation caused your injury
To provide testimony, an expert must typically practice in the same specialty as the defendant and be able to offer a clear, science-based explanation of what went wrong. Without expert testimony, most medical malpractice claims cannot proceed.
Other Evidence That Helps Prove Medical Negligence
In addition to expert testimony, other types of evidence can strengthen your case:
- Medical records, including testing results, charts, medication logs, and surgical notes
- Radiology images and diagnostic studies
- Hospital policies, procedure manuals, and training materials
- Witness statements, including nurses, staff members, or family present during treatment
- Second opinions from other medical providers
- Documentation of damages, such as medical bills, employment records, or journals showing pain and limitations
This evidence helps establish a clear timeline of events and supports your expert’s analysis of what went wrong.
Contact An Experienced Medical Malpractice Lawyer for Help Proving Negligence
The best way to prove a medical provider’s negligence is to work with an experienced Philadelphia emergency room malpractice lawyer. Your attorney can investigate the incident to gather evidence and identify all liable parties. They will also work with experts to show how the provider breached the standard of care and help you prove your damages.
Contact Morris Wilson Knepp Jacquette, P.C. to schedule a free consultation to learn more about how we can help you prove your medical negligence claim.