Medical malpractice claims: what you need to know

Medical malpractice occurs when a healthcare professional’s negligence causes harm or injury to a patient. It is a complex area of law that requires a thorough understanding of medical practices and procedures. Medical malpractice claims can be challenging; patients must know their legal rights and options. This article will discuss the basics of medical malpractice claims, including what qualifies as medical malpractice, how to prove it, and the legal process involved.

What Qualifies as Medical Malpractice

Medical malpractice claims can arise from various situations, including misdiagnosis, surgical errors, medication errors, birth injuries, and nursing home abuse. Four elements must be present to qualify as medical malpractice. 

  • Duty: The healthcare provider must have had an obligation to provide a standard of care to the patient. Typically, the doctor-patient relationship or other healthcare provider-patient relationships establish this duty. Once a task has been established, the healthcare provider must have breached that duty by failing to meet the standard of care.
  • Breach of Duty: To establish a violation of duty, the plaintiff must show that the healthcare provider failed to meet the standard of care that another reasonable healthcare provider would have provided in the same circumstances. Typically, expert testimony establishes the standard of care. 
  • Causation: The plaintiff must show that the healthcare provider’s breach of duty caused the patient injury or harm. This element can be challenging to prove, as the injury or damage may have resulted from multiple factors.
  • Damages: The plaintiff must have suffered damages, such as physical injury, emotional distress, or financial losses, due to the healthcare provider’s breach of duty.

If someone you know has been a victim of medical malpractice, speak with a case manager of a reputable law firm who can connect you with an experienced attorney. Hiring an attorney who practices in the region where you receive medical care is essential.

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To quote an example of medical malpractice, birth injuries can be devastating and life-altering for both the child and the parents. These injuries can occur during pregnancy, labor, or delivery and can result from medical negligence or error. Examples of birth injuries include cerebral palsy, Erb’s palsy, brain damage, and other severe conditions that can affect the child’s physical and cognitive development. Medical negligence can cause birth injuries in some cases, such as failure to perform a timely C-section, improper use of delivery tools, or inability to monitor the fetus’s vital signs.

It is essential to note that not every mistake or unfavorable outcome in medical treatment qualifies as medical malpractice. Healthcare providers are human and can make mistakes; not all medical treatments succeed. However, if the healthcare provider’s negligence or failure to provide a standard of care caused your injury or harm, you may be able to file a medical malpractice lawsuit.

How to Prove Medical Malpractice

Proving medical malpractice is a complex process that requires understanding medical and legal principles. The plaintiff must show four things to prove medical malpractice: duty, breach of duty, causation, and damages. The plaintiff must provide evidence to prove medical malpractice to establish these elements. This evidence may include medical records, witness testimony, and expert testimony.

Medical records can be crucial evidence in a medical malpractice claim. They can show what treatments were provided, what tests were conducted, and what diagnoses were made. They can also help establish the standard of care and whether the healthcare provider breached that duty.

Witness testimony can also be valuable in a medical malpractice claim. Witnesses may include other healthcare providers who can testify about the standard of care or family members who can describe the patient’s condition before and after treatment.

Finally, expert testimony is often critical in medical malpractice claims. Experts can help establish the standard of care, show how the healthcare provider breached that duty, and explain how the breach caused the patient’s injury or harm.

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The Legal Process

The legal process for a medical malpractice claim can be lengthy and complicated. It typically involves several stages, including investigation, negotiation, and litigation.

  • Investigation: The investigation requires proving responsibility, breach of duty, causation, and damages in a medical malpractice claim. It may involve obtaining medical records, witness statements, and expert opinions. After collecting evidence, assessment of medical malpractice claims may commence.
  • Negotiation: Negotiation follows evidence of medical malpractice claim. Negotiation usually involves writing a demand letter to the healthcare provider or insurance company describing the plaintiff’s case and asking for a settlement. To resolve this, the parties may negotiate again. A settlement will end the case without a trial.
  • Litigation: If a settlement fails, the case will proceed to litigation. The first step in litigation is filing a complaint with the court, which sets out the plaintiff’s claim and demands relief. The defendant will then file an answer, denying the allegations and setting out their defense. The parties will engage in discovery, which involves exchanging information and evidence relevant to the case. It may include depositions, interrogatories, and requests to produce documents.

The trial follows discovery. Witnesses and experts will testify for both sides at trial. The judge or jury will decide if the healthcare practitioner broke their duty of care and caused the plaintiff’s damages. If the plaintiff wins, damages may include medical bills, lost income, and pain and suffering.

The losing side in a trial has the right to submit an appeal if they are unhappy with the verdict. If the appeals court finds errors, it may reverse the judgment and order a new trial.

Settlements and Damages

Healthcare providers often settle medical malpractice claims out of court. A settlement is an agreement between the plaintiff and defendant to resolve the matter for a certain amount. It is possible to settle at any stage of the legal process, including before filing a lawsuit, during litigation, or even while a trial is ongoing.

If you win your case at trial, the court may award damages depending on the circumstances. In some cases, there may also be punitive damages if the healthcare provider’s actions were particularly egregious.

Statute of Limitations

It’s crucial to remember that there’s a time limit on filing medical malpractice claims, known as the statute of limitations. You should promptly consult an attorney to ensure that you file your claim within the time limit mandated by the state.


Medical malpractice claims are complex, and patients must know their legal rights and options. Medical malpractice claims require a thorough understanding of medical practices and procedures and the legal process involved. You can pursue justice and compensation for your injuries with the right attorney.

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