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3 Requirements to Prove Malpractice

Proving malpractice for a death or injury caused within a doctor-patient relationship.
Modern Times Apr 4, 2019
According to the Civil Justice Resource Group, medical malpractice accounts for a minimum of 25,000 to 120,000 deaths and just as many injuries, every single year.

However, only a small percentage of these deaths and injuries result in claims. If someone you love has been a victim, it’s important to know the criteria required to prove malpractice.

Duty of care

The doctor in question must have had a duty of care toward the victim. The patient must have hired the physician to render medical care and sought his or her expertise professionally.

In other words, a patient cannot sue a doctor for informal advice given during a game of golf, even if the advice resulted in injury.


It must be proven that the attending physician was negligent in either the diagnosis or treatment of the patient. In effect, he or she caused harm because of incompetence.

To establish this fact, the doctor’s actions are typically compared to those of other doctors in similar circumstances.


A doctor’s negligence is not enough to prove malpractice if the victim didn’t suffer any damages. These damages can be added medical expense, pain, psychological anguish, or lost wages.

As long as your damages are measurable or diagnosable, then it is possible you will have a case.
Malpractice is a growing concern in health care. And no one should feel they have to keep silent if they haven’t received proper care. Keep in mind that you can’t sue a doctor just because you’re unsatisfied.

If your claim can be proved by using these three standards there is no reason you shouldn’t speak to your medical malpractice attorney in Albuquerque.