A Pennsylvania medical malpractice case is proven by showing sufficient evidence of the following: (1) Liability, (2) Causation, and (3) Damages.
- Liability means we must be able to prove “with a reasonable degree of medical certainty” the doctor or hospital or other medical professional who treated you ”departed from what is accepted medical care.” It means we must show that it was more likely than not that the doctors or other medical professionals who cared for you did not properly treat you medically, and in accordance with the standard of care, other physicians or other medical professionals with the same specialty would use to treat your problem. A medical expert must testify the treatment was inappropriate and explain how and why it was inappropriate.
- Causation means our medical expert must be able to say, again, that what he is saying is more likely right than not right, and the alleged medical negligence was a cause of your injuries. He must be able to show the medical wrongdoing was a cause of your injury. If he is unable to show the wrongdoing caused your injury, you will be unable to prove your case.
- Damages mean injuries. Our medical expert must prove not only there was medical wrongdoing and the wrongdoing caused injury, but must also show your injury is significant. We use your treating doctors as experts to explain to a jury what injuries you suffered. If your treating doctors are unavailable, we use other medical experts to describe to the jury the extent of your injury, disability and permanent problems.