What You Need to Prove in a Medical Malpractice Case

By Hendrickson Law | Advocates for Patients and Families

If you believe you’ve been the victim of medical malpractice, you might assume the harm speaks for itself. After all, if you went in for treatment and came out worse off, isn’t that enough?

Unfortunately, the law requires more. To succeed in a medical malpractice case, you must prove certain key elements. At Hendrickson Law, we guide clients through this process every day—and we know how to gather the evidence needed to make the strongest case possible.

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The Four Elements of Medical Malpractice

Every malpractice case must establish these four elements:

1. Duty of Care

A doctor-patient relationship must exist. Once you are accepted for treatment, the provider has a legal duty to treat you according to accepted medical standards.

Example: If you visit an ER, the doctor has a duty to evaluate and treat you appropriately.

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2. Breach of Duty

This is where malpractice is proven. The provider must have failed to act as a reasonably careful provider would have in the same situation. This is called the standard of care.

Example: A surgeon cuts a nerve that should have been identified and protected. An ER doctor sends home a patient with chest pain without ruling out a heart attack.

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3. Causation

It’s not enough to show the provider made a mistake—you must prove the mistake caused harm.

Example: If a doctor delays diagnosing a stroke and the patient suffers permanent brain damage, the harm is directly tied to the negligence. However, if the mistake did not change the disease or condition, there is no causation.

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4. Damages

There must be measurable harm—physical, emotional, or financial. These can include:

• Medical bills

• Lost wages or inability to work

• Pain and suffering

• Permanent disability or death

Without damages, there is no case—even if the provider clearly made a mistake.

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What Does Not Qualify as Malpractice?

• Known complications that happen even when care is appropriate

• Poor outcomes without negligence (sometimes, treatment just fails despite best efforts)

• Minor, temporary injuries that don’t result in significant damages

Malpractice law doesn’t guarantee perfect results. It holds providers accountable when they fall short of the care their patients deserve.

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The Role of Expert Witnesses

In every malpractice case, expert testimony is required. A qualified physician in the same specialty reviews the records and answers:

• What should have been done under the circumstances?

• Did the provider’s conduct meet or fall below that standard?

• Did the failure cause the patient’s harm?

At Hendrickson Law, we work with respected medical experts across the country to build strong, credible cases.

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How We Prove Malpractice

Our process includes:

1. Gathering all medical records (ER notes, surgical reports, imaging, lab results)

2. Identifying discrepancies in documentation and testimony

3. Consulting independent medical experts

4. Demonstrating the timeline of harm—step by step

5. Quantifying damages through medical, financial, and life-care experts

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Why This Matters for Patients

Hospitals and insurers often try to dismiss malpractice claims as “just a bad outcome.” But the law is clear: when a provider breaches the standard of care and causes preventable harm, they should be held accountable.

For patients, proving malpractice means:

• Securing financial compensation for care and losses

• Forcing transparency about what went wrong

• Protecting others from suffering the same harm

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📞 Do You Have a Potential Malpractice Case?

Call Hendrickson Law at (314) 721-8833 or visit www.hendricksonlaw.com for a free, confidential consultation.

We’ll review your case, consult experts, and give you honest answers. If negligence caused your suffering, we’ll fight to prove it.