Medical Malpractice

Navigating Justice in Healthcare

Medical Malpractice Law

Navigating Justice in Healthcare

Medical malpractice occurs when a doctor or other medical professional fails to meet the standard of care expected in their profession, resulting in harm to a patient. Examples include misdiagnosis, surgical errors, pharmaceutical mistakes, and birth injuries. To succeed in a medical malpractice lawsuit, the plaintiff must demonstrate a doctor-patient relationship, the professional’s deviation from the standard of care, causation, and actual damages. These damages can encompass medical expenses, lost income, rehabilitation costs, emotional distress, and pain and suffering.

The standard of care varies by medical specialty and the patient’s condition. Expert testimony is crucial in establishing whether the standard was met. Proving causation is challenging since patients seek medical help when already ill or injured. Each state has distinct rules for filing malpractice claims, typically with a statute of limitations ranging from one to three years. Not following these procedures can lead to case dismissal. Moreover, statutes of limitations may start from the date of negligence or from when the injury was discovered.

Areas of Malpractice:

  • Birth injuries
  • Nursing home neglect and abuse
  • Failure to diagnose
  • Misdiagnosis
  • Delayed treatment
  • Medication errors
  • Surgical errors



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