MEDICAL MALPRACTICE​ LAW

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Malpractice refers to professional misconduct or unreasonable lack of skill. Medical malpractice lawyers litigate lawsuits based on the negligent conduct of doctors, nurses, dentists, therapists, technicians, and other medical professionals and healthcare providers.

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Medical malpractice cases can arise from surgical errors, birth traumas, medical misdiagnoses, anesthesia errors, unreasonable delay in treating a diagnosed condition or failure to obtain informed consent from a patient before treatment. In such cases, a medical malpractice lawyer may bring a lawsuit against the negligent parties, including physicians, doctor's groups, insurance companies, managed care organizations, hospitals, medical corporations, and clinics.

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Medical Malpractice Legal Theories

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In medical malpractice cases, negligence is the predominant theory of liability. In order to recover for negligent malpractice, the plaintiff's medical malpractice attorney must establish the following elements:

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• Duty: The plaintiff must show a duty of the doctor to the patient. This duty is usually based on the existence of a doctor-patient relationship.

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• Breach: The plaintiff must show that the medical professional violated the applicable standard of care.

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• Causation: The plaintiff must establish a causal connection between the breach of the standard of care and the injury.

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• Damage: The plaintiff must have sustained actual injuries as a result of the doctor's deviation from the standard of care.

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