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Proving medical malpractice after a doctor or hospital error

Many of our readers in Arizona know that medical malpractice is shockingly common in America. In fact, medical malpractice is usually cited as a leading cause of injuries, illnesses and deaths in our country. However, proving that medical malpractice has occurred can be a complicated task.

The decision to pursue a medical malpractice legal claim is not an easy one. Our readers have probably heard before about how time-consuming and technical these types of legal cases can be. But, when the decision is made to press on with a claim, Arizona residents will need to prove certain elements of the claim in order to, hopefully, be successful in the case.

For starters, victims of medical malpractice must prove that a "duty" existed between themselves and the medical professionals they claim committed a mistake. This element of a medical malpractice claim can be fairly straightforward, since the existence of a doctor-patient relationship is oftentimes not hard to establish. If a doctor treats a patient, the "duty" element likely exists and that doctor had a duty to treat the patient in a competent manner that is in line with the standard of care for the treatment in question.

Next, victims must prove that the duty was breached, and that the breach of the duty led to an injury, illness, or worsened medical condition for the victim. This is where these cases become tricky, and the technical and medical data can become overwhelming. It is not always easy to prove that a doctor or hospital failed in their duty to a patient. However, with the right approach, Arizona residents who have been the victim of a doctor or hospital error can press on and do their best to attempt to be successful with their medical malpractice claims.

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