Philpot Law Firm, PA
Need Help? Call Us Now
866-853-3497 864-990-0226
View Our Practice Areas

How do you prove fault in a medical malpractice case?

Most South Carolina patients know that, while doctors are often able to save the lives of many patients, not all will survive if they become sick or need life-saving surgery. However, patients and their families expect that their healthcare providers will provide them with expert care. If the physician fails to do this, however, the patient may be eligible to file a medical malpractice lawsuit. However, they will need to provide proof that the attending physician was at fault.

There main way to prove fault is by establishing that negligence took place. In order to establish medical negligence, the patient must be able to prove that the healthcare provider failed to provide the normal standard of care and that the injury resulted from this deviation. Evidence of deviation will come from the testimony of another medical expert who is qualified in the same area. Similarly, a patient may provide proof of negligence using expert testimony in the event that they were negligently prescribed medications that caused harm.

Medical negligence may also include the failure to get consent from a patient's relative before performing a procedure or providing another form of treatment. Additionally, if they fail to explain all of the potential risks and any alternatives, this could also be considered negligence. Finally, while it is rare, patients may also be able to prove that there was a breach of contract if a promised result from a surgery was not what they got.

It can be difficult to establish that there was wrongdoing on the part of the physician or other healthcare provider. Each case is unique, and patients who believe they have a case should seek legal advice. An attorney may be able to determine if in fact the physician or healthcare provider was negligent and if the patient has a case.

Source:, "Proving Fault in Medical Malpractice Cases", August 04, 2014

Philpot Law Firm, PA
115 Broadus Ave.
Greenville, SC 29601

Toll Free: 866-853-3497
Toll Free: 866-853-3497
Phone: 864-990-0226
Phone: 864-990-0226
Fax: 864-242-1566
Map & Directions
Greenville Law Office Map

Office Map