Skip to content
Ask a question
All posts

What is medical malpractice and how do I know if I have a case?

Picture of Chris Battis By   ·  1 minute read

Medical malpractice is a type of legal claim that arises when a healthcare provider (e.g. doctor, nurse, hospital) fails to provide appropriate medical care to a patient, resulting in harm or injury to the patient. In order to have a valid medical malpractice claim, the following elements must generally be present:

  1. Duty of care: The healthcare provider had a duty to provide appropriate medical care to the patient.
  2. Breach: The healthcare provider breached their duty of care by providing care that fell below the applicable standard of care (i.e. the level of care that a reasonable healthcare provider would have provided under similar circumstances).
  3. Causation: The healthcare provider's breach of duty caused the patient's injury or harm.
  4. Damages: The patient suffered actual damages as a result of the healthcare provider's breach of duty.

Determining whether you have a medical malpractice case requires a careful analysis of the specific details of your situation. It is generally recommended that you consult with an experienced medical malpractice attorney to discuss your case and determine whether you have a valid claim.

There are some potential limitations or exceptions to medical malpractice claims. For example, in some jurisdictions, there may be caps or limits on the amount of damages that can be recovered in a medical malpractice case. Additionally, some states require that medical malpractice claims be reviewed by a panel of experts before they can be filed in court.

If you believe that you may have a medical malpractice case, it is important to act quickly. Most states have a statute of limitations for medical malpractice claims, which means that there is a deadline by which you must file your claim or you may lose the right to do so.

In summary, medical malpractice is a complex area of law that requires a careful analysis of the specific facts and circumstances of your case. If you believe that you may have a medical malpractice claim, it is important to consult with an experienced attorney to determine your options and protect your legal rights.