Legal Questions & Answers About Medical Malpractice

In general, a medical malpractice claim occurs when someone is harmed by the negligence of a health care provider. The negligence of the health care provider occurs when their treatment falls below the medical standard of care. A medical malpractice claim consists of four main elements: the establishment of a doctor-patient relationship, a breach of the medical standard of care, an injury to the patient, and a causal connection between the breach of the standard of care and the injury sustained. Often, establishing what the standard of care was, and more so that it was breached, is the most difficult element of the claim.

Medical malpractice claims are very difficult claims to pursue, and require the touch of an experienced attorney. Whether you have a medical malpractice claim or not can be difficult to sort out. If you or a loved one have been harmed by a health care provider, and there is evidence that this injury was caused by a failure in the standard of care, then there is a potential for legal action. Whether the standard of care has been breached can be hard to tell. Often, a second opinion from another medical provider that the original doctor made an error in care can be critical evidence.