1
A doctor-patient relationship
First, you need to prove that you had a doctor-patient relationship with the surgeon. Basically, this means that the surgeon agreed to perform your surgery. This relationship creates a legal duty. In other words, the surgeon owed you a certain level of care as a patient.
2
Violation of the standard of care
After establishing the standard of care for a surgeon in the particular circumstances of your case, you will have to prove that he or she violated the standard of care. In other words, you have to show that they breached their duty to you. The standard of care is determined by medical experts in each case.
3
The cause of your injury
You have to prove not only that you were injured but that the surgeon caused your injury. In other words, you have to show that had they acted appropriately, you would have been fine.
4
Amount of your injury
You need to be able to prove your damages, which is another word for harm. Damages can include medical bills, lost wages, and pain and suffering.
