The Elements of a Medical Malpractice Case


The term “medical malpractice” is one most people have heard of. It’s on television advertisements, in the news and online. But what is it, exactly? Medical malpractice is not always something that is easy to prove. In fact, it can be a complicated legal battle that requires the experience and knowledge of a dedicated attorney.

The Basics

Medical malpractice is caused when a medical professional does or doesn’t do something. More specifically, that something results in some type of injury or harm to the patient. This is called medical negligence.


Medical negligence can occur at any time during treatment. Whether you are having surgery or are just visiting the doctor because you are ill, you can be injured or misdiagnosed. The key to proving negligence in a medical malpractice case relies heavily on something called the standard of care. This is the accepted methods of practice that local medical professionals use.

Injury or Damage

The next element in a successful medical malpractice case is injury or damage. It is not enough that a medical professional makes a mistake. That mistake must cause harm. In other words, if you have not been injured or otherwise harmed by a medical professional, you have no basis for a medical malpractice claim, no matter what mistake they made.

The Case

Medical malpractice cases are not won or lost overnight. They can take months or years to win. The medical provider’s insurance company will do everything that it can to stall the process, delay the case and generally do everything that it takes to make sure the medical provider is not found guilty. The battle can be long and hard, but it can be won.

The Cost

Most medical malpractice attorneys take cases on a contingency basis. This means that they do not get paid up front. Instead, they get a piece of your settlement. If you do not win your case, you will be required to pay court costs but typically not attorney’s fees.

If you believe that you have a medical malpractice claim, our team of attorneys is here to help you. Call our offices today and let us review the details of your case. We will do this at no cost to you and advise you how to best proceed. Call now.


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