Burden of proof in med mal case

Asked over 5 years ago - Decatur, TX

In a med mal suit what has to be proven- a breach of standard of care or do you need case studies to support your expert's opinion? suit filed in texas

Attorney answers (1)

  1. Lu Ann Trevino

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You must prove a breach of the standard of care. You need an expert in the exact field of medicine practiced by the provider you are suing to write an opinion analyzing the facts and stating how the standard was breached in your case. The expert opinion must filed within the proper time frame or your claim can be dismissed. You really need an attorney experienced in medical malpractice.

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