What do I need to prove in a medical malpractice lawsuit?
Proving a malpractice claim requires you to establish what a doctor’s obligations were and to show how the physician fell short.
The Illinois civil jury instructions on professional negligence explain the requirements of this type of claims, which include:
- Proving the physician failed to conform to the acceptable standard of care
- Demonstrating the failure was the direct cause of harm.
An expert witness must testify to this, unless the medical negligence is apparent and even a layperson would understand how and why the mistake was malpractice.
