How is medical malpractice determined?

Medical malpractice results when a medical professional departs from the accepted standard of medical care in the diagnosis or treatment of a patient and that departure of care results in a serious injury or death. In order to prove medical malpractice it is necessary to have the medical records reviewed by a medical specialist in the same speciality as the medical provider involved to determine the standard of care and whether it was violated in your case. Three criteria must be met to prove medical malpractice: Breach of the standard of care (a mistake was made that should not have occurred); Causation (as a result of the mistake, you suffered an injury) and Damages (the mistake resulted in a loss to you or your loved ones such as financial expenses, serous injury, lost wages or death).