Proving Negligence in Medical Malpractice: 3 Important Elements

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Medical malpractice cases are exceptionally complicated, and proving the medical professional or facility’s negligence is one of the most challenging factors. If you or someone you love has been injured by medical malpractice, you need the professional legal guidance of an experienced South Carolina medical malpractice attorney in your corner.

The Three Elements

To demonstrate that your medical malpractice claim is based on a medical professional or entity’s negligence, you need to prove the following:

  • The doctor owed you a duty of care to begin with, which means that you requested that he or she be your doctor, and he or she accepted in the present situation.
  • The doctor either failed to engage in the generally accepted practices that other reasonable doctors would have in similar situations, or he or she engaged in medical practices that other reasonable doctors would not have in similar situations.
  • The doctor’s negligence – and not an underlying illness or other factors – was the direct cause of the damages you suffered.

An Experienced South Carolina Medical Malpractice Attorney Can Help

Bobby Jones at Bobby Jones Law is a dedicated Greenville medical malpractice attorney whose practice focuses on helping the victims of medical malpractice recover their damages and regain their health and well-being to the best of their ability. To learn more about how we can help you, please don’t wait to contact or call us at 864-428-9915 today.

Medical Malpractice FAQ

How do I prove the doctor’s negligence?

Proving negligence in medical malpractice cases is exceptionally complicated and generally requires the expert testimony of expert witnesses in the medical field in question.

How do I obtain expert testimony?

Obtaining the expert testimony you need to bring your strongest medical malpractice case is best left in the capable hands of your experienced medical malpractice attorney.

Is there a time limitation to bring a medical malpractice suit?

Yes, in the State of South Carolina, you have three years from the date you were harmed – or the date you learned that you were harmed – by the medical professional’s negligence to file your medical malpractice lawsuit.

The team at Bobby Jones Law LLC works tirelessly for the injured in South Carolina. His achievements include:
  • More than $60 million collected for our clients
  • Multiple recoveries exceeding $1 million, including an eight-figure settlement
  • Recognized by Best Lawyers in America
  • Named among the “Best Law Firms” by U.S. News & World Report
  • Named to the Top 100 Trial Lawyers by The National Trial Lawyers
  • Named to Super Lawyers 2017–2024
  • Member of the Million Dollar Advocates Forum
  • Selected as Legal Elite of the Upstate 2021–2023
We’re humbled to be considered one of the top firms in the Upstate and invite you to learn what sets our award-winning legal services apart. Call or request a consultation online.
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