Establishing or Challenging the Standard of Care in the Medical Malpractice Context

Source: The Verdict, Issue 143 / Winter 2015
Author: Brenda Osmond & Paul McGivern
The Verdict issue 143

In order to succeed in a medical malpractice case, a plaintiff must prove that the defendant breached the standard of care, that the plaintiff suffered an injury or loss, and that the negligence identified was the cause of the injury or loss. This article will review the law with respect to the standard of care and will provide some tips for counsel regarding how to establish or challenge an existing standard of care.

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