Medical malpractice is the failure of a responsible health care provider (doctor, nurse, hospital, or other provider), either by action or inaction, to exercise that degree of skill, care and learning under the particular circumstances. In order to prevail in a medial malpractice claim, the plaintiff must prove:

1. that the doctor, nurse, hospital or other health care provider undertook the care and treatment of the plaintiff, and had a duty to use reasonable care to avoid causing injury;
2. that the health care provider was negligent in fulfilling that duty; and
3. that the negligence of the health care provider was the legal cause of the injury suffered by the plaintiff. Negligence can be the legal cause of an injury or it can directly contribute to producing the injury.

Some of the most common types of medical malpractice include:

• Failure to diagnosis cancer and other serious illness
• Misdiagnosis and consequent inappropriate treatment
• Birth injuries causing conditions such as cerebral palsy or other brain damage
• Obstetrical malpractice
• Surgical error such as operating on the wrong body part
• Medication errors
• Defective medical devices
• Failure to provide appropriate monitoring
• Wrongful death from any type of medical error or misconduct
• Anesthesia mistakes
• Emergency room errors
• Medical device installation mistakes
• Orthopedic surgery mistakes

When a doctor or hospital fails to meet reasonable standards of medical care, the result can cause catastrophic injury or wrongful death. The medical establishment vigorously fights malpractice lawsuits. If you or a loved one has been harmed by medical mistakes, you need a medical malpractice lawyer who has the resources, knowledge, experience, and determination to fight for you.

In every medical malpractice case, whatever the cause, a thorough investigation must be conducted. This includes interviewing the physicians involved, visiting the institution or clinic, subpoenaing medical records, and obtaining copies of x-rays and test reports. In addition, policy and procedures manuals need to be reviewed to learn about the standard of care and what should have been done, and academic experts with the best credentials in the particular field need to be interviewed. With the information gained a complete and compelling picture can be built.

If the plaintiff in a medical malpractice claim prevails he or she may receive compensation for medical expenses of all kinds, costs of medical equipment and in-home care, pain and suffering, loss of income, and all other costs associated with recovering from or living with a serious injury.

MEDICAL MALPRACTICE FAQ