Medical Malpractice

Medical malpractice is part of personal injury law. Medical malpractice occurs if a doctor, hospital or other healthcare worker fails to provide treatment consistent with accepted medical standards. Comparison of performance is made with other professionals in the same field.

Medical malpractice can include a negligent act while treating a condition or a failure to take appropriate action for a medical condition. Common medical malpractice actions may include a failure to diagnose or a misdiagnosis of a disease, delaying treatment for a medical condition or not treating a medical condition correctly.

In order to prove medical negligence you must prove breach of care, causation of the injury and damages.

* Breach of care occurs if the medical staff member made a mistake which another doctor or nurse would not have made under similar circumstances. This could be difficult to prove with out another expert witness to testify against the doctor.

* Causation - Causation can be proven if the breach of duty was the proximate cause of the injury. Causation means that if the doctor had not made the mistake then the patient would have gotten better.

* Damages- Damages can include lost wages, pain and suffering, death of a loved one or cost of the medical bills. If a patient has suffered no damages then there is not a basis for a claim of negligence.

If breach of care, causation of the injury and damages are present, you may have a medical malpractice claim. If you win your personal injury case you are entitled to compensation.

More About Medical Malpractice

• How do I find a good Malpractice Lawyer?

• Home
• Personal Injury Topics
• Local Attorneys
• Personal Injury Lawyers
• Personal Injury Claims
• Join Our Network
• Personal Injury Blog

• Home
• |
• Legal Disclaimer
• |
• Site Map
• |
• Search