How To Prove Medical Malpractice

How to Prove Medical Malpractice

To prove medical malpractice you must prove the four elements of a negligence claim. The four elements of a negligence claim are duty, breach, causation, and damages.


The first element to prove medical malpractice is showing a healthcare provider owed you a duty of care. You must be a patient of the healthcare provider for a healthcare provider to owe you a duty of care. A healthcare provider must provide a reasonable standard of care that conforms to the standard of care practiced by other doctors in the state they practice in.


The healthcare provider must the breach his duty of care to you. This means that the healthcare provider deviated from the standard of care that is recognized in the medical community when treating you.


The breach of care must then be the cause of your injuries. If the breach of care is not a proximate cause of your injuries then you cannot prove medical malpractice.


Finally, you must prove that the injuries you suffered resulted in some form of damages. These damages must be able to be given an economic value. Medical malpractice cannot be proven without proof of monetary damage.

Contact Stolmeier Law

Stolmeier Law is a family owned and operated law firm. Stolmeier Law has over 35 years of experience serving medical malpractice and other personal injury victims in San Antonio and South Texas. We not only have the experience to handle your medical malpractice claim, but we will treat your claim as if it was our own. Stolmeier Law will not treat you as just another case number like many TV lawyers do. We will stand with you shoulder to shoulder to recover maximum compensation for you medical malpractice claim. So if you or a loved one has suffered life changing injuries from medical malpractice, contact Stolmeier Law. Let this family fight for you.