In a malpractice action based on the negligence or willful misconduct of a health care provider, the plaintiff has the burden of proving that the defendant lacked the degree of knowledge or skill or failed to exercise the degree of care ordinarily exercised under the circumstances by health care providers in the same field. You must also prove that as a proximate result of this failure, you suffered injuries that would not otherwise have been incurred.
It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
