Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. The key to any medical malpractice case is proving that the at-fault health care provider failed to conform to the accepted standard of care; it is not sufficient to simply prove that there has been a bad result. In every medical malpractice case, the injured party must provide an expert who can testify as to what the standard of care is and how it was violated. Johnson, Toal & Battiste, P.A. has access to experts in numerous fields that are able to determine whether the health care provider has violated the standard of care.
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A physician commits malpractice by not exercising that degree of skill and learning that is ordinarily possessed and exercised by members of the profession in good standing acting in the same or similar circumstances.
The injured party in medical malpractice action must show that the defendants’ departure from generally recognized practices and procedures was the proximate cause of the plaintiff’s alleged injuries and damages.
The injured party in a medical malpractice action must provide expert testimony to establish both the required standard of care and the defendants’ failure to conform to that standard.