Nash & Associates White Paper:
"Proving Medical Negligence in Washington, D.C. - The Standard of Care"
Monday, November 30, 2009
In general, a plaintiff in a medical malpractice case bears the burden
of proof on four issues:
- the applicable standard of care;
- a deviation from the standard of care by a healthcare provider(s);
- a causal relationship between the deviation from the standard of care and plaintiff's injury; and
- proof of plaintiff's injury.
The necessary proof for each of the above elements may vary from jurisdiction to jurisdiction. As a result,
a litigant must carefully choose an attorney who is familiar with the local requirements for proving medical
malpractice/negligence. This is particularly true in the District of Columbia. This article provides a primer
on what a litigant must do in the District of Columbia to establish the applicable standard of care for a
healthcare provider (i.e. hospital, clinic, physician, nurse or other health care provider) in a medical
malpractice/negligence case...
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