Plaintiff's Attorneys

Medical Malpractice

What is Medical Malpractice?

Medical malpractice takes place when a hospital, doctor, or other healthcare professional causes an injury to a patient as a result of a negligent act (ex. error in diagnosis, treatment, aftercare or health management) or omission. 

Common Examples of Medical Malpractice

  • Failure to Diagnose, Misdiagnosis
  • Surgical Errors, Wrong Site Surgery, Unnecessary Surgery 
  • Anesthesia Errors
  • Childbirth-related Injuries 
  • Misleading Lab Results 
  • Medication Errors / Improper Dosage or Medication 
  • Poor Aftercare or Follow-up 
  • Premature Discharge 
  • Disregard or Inappropriate Taking of Patient History 

Anatomy of a Medical Malpractice Case (Generally)

The following must be present in order for a claim to be considered medical malpractice under the law: 

  1. Defendant Violated or Breached the Standard of Care Owed to Their Patient 

   The standard of care is the generally accepted method of care a doctor or other healthcare professional should administer to a patient under their given medical condition, and may vary depending on the patient’s age, ailment, along with various other factors. 

  2. Injury was Caused to the Plaintiff Patient as a Result of the Defendant’s Negligence 

   The plaintiff must prove that the health care professional’s breach of the standard of care directly caused their injuries such as disability, loss of income, unusual pain, suffering and hardship or significant past and future medical bills.

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