There are three elements in proving a medical malpractice case. All three elements must be supported by competent expert medical testimony.
First, to succeed in a medical malpractice case, you must prove there was a failure of a medical professional to follow the generally accepted standard of care. This is not the best medical care, nor is it the worst medical care, it is how a reasonably competent physician would treat you under the same or similar circumstances.
Next, you must prove an injury and damages.
Last, you must prove a causal relationship between the medical professional negligence and the injury and damages.
Doctors and other health care professionals can be held liable for prescribing medications if the prescription is incorrect or the instructions are ignored, and this results in injury to the patient.
The prescribing physician has a duty to determine if a drug or prescription is right for you and to advise you of the potential dangers, complications and side effects of a particular medication.
Doctors must generally get permission from patients to perform any non-emergency medical procedure. Failure to obtain this permission, or “informed consent”, can result in liability for negligence and even criminal liability for battery. Informed consent laws differ between states, but generally require medical professionals to give patients all information involved in a medical or surgical treatment, including potential hazards and alternatives as well as benefits. The physician or other health care provider should obtain the written consent of a patient before beginning a treatment or procedure.