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What is needed to prove medical negligence caused a death?

Losing a loved one due to medical malpractice can leave families seeking answers and accountability. Proving negligence in a medical malpractice wrongful death claim involves showing that the healthcare provider failed to meet the standard of care, and that failure directly caused the patient’s death.

The standard of care in medical malpractice

The “standard of care” refers to the level of care that a reasonably skilled medical professional in the same field would provide under similar circumstances. To prove negligence, you must demonstrate that the healthcare provider deviated from this standard. For example, failing to diagnose a treatable condition, administering the wrong medication, or performing a procedure incorrectly can all constitute deviations from the standard of care.

In Kentucky, plaintiffs often rely on expert witnesses to establish the standard of care and explain how the provider’s actions fell short. These witnesses are typically other medical professionals with similar professional knowledge.

The connection between negligence and wrongful death

Proving negligence alone is not enough; you must also show that the healthcare provider’s actions or inaction directly caused the death. This is known as “causation.” For instance, if a doctor fails to diagnose an infection and the patient passes away as a result, the plaintiff must link the failure to diagnose to the fatal outcome. Medical records, autopsy reports, and expert testimony often play a key role in establishing this link.

Evidence needed to prove negligence

Families pursuing wrongful death claims should gather all relevant medical records, including treatment notes, test results, and prescriptions. Witness accounts, such as statements from nurses or other staff, can also provide valuable insight. Expert testimony is usually necessary to explain how the provider’s negligence caused the death and to address any defenses the provider may raise.

Understanding how negligence is proven can help families seeking justice after a loss. Kentucky law requires a clear link between the provider’s failure and the resulting death, making strong evidence and professional analysis essential.

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