How Does a Lawyer Prove That Medical Malpractice Occurred?

Featuring Philadelphia Medical Malpractice Attorney Nancy Winkler

Video Transcript:

Rob Rosenthal:

What does an attorney need to prove in order for a medical malpractice case to succeed? We ask Pennsylvania attorney Nancy Winkler for this Ask the Lawyers Quick Question.

Nancy Winkler:

Well, you have to prove that there has been what's called a deviation from the standard of care, which means there's negligence that might not rise to what is considered to be a deviation from the standard of care for an emergency room doctor or nurses in the emergency room setting, and you have to be able to show that that deviation from the standard of care has caused the harm to the individual. In Pennsylvania and New Jersey, where the majority of our cases are for medical negligence, we need to file either what's called a certificate of merit or an affidavit of merit from the medical provider showing that a medical provider has reviewed the case and that there is a reasonable probability based upon the medical records that there was a deviation from standard of care that caused the harm.

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