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Identifying Medical Malpractice

  • Medical malpractice is the legal definition for when a doctor’s, hospital’s, or other medical professional's negligent conduct with a patient’s well being leads to their injuries and damages. 

    The specific laws detailing the actions one must take for filing a medical malpractice claim vary from state to state. However, there are still some general principles that can be applied to help you understand and identify potential instances of medical malpractice before calling a lawyer. 

    Read the below and contact an experienced medical malpractice lawyer who can help you file your claim with confidence. 

    Common Examples of Medical Malpractice

    Medical malpractice can take many different forms. In its basic form, it involves harm being done to a patient as the result of a doctor’s or other medical worker’s negligence or incompetence. 

    Some common examples include:

    • Failure to diagnosis or misdiagnosis 
    • Misreading laboratory results
    • Surgical mistakes, such as leaving foreign objects inside body
    • Premature discharge
    • Improper medication or administration of drugs
    • Improper use of anesthesia 

    Regardless of the type of injuries or damages you may have suffered, you will still need to be able to demonstrate the elements of malpractice in order to successfully file a claim or a lawsuit against the responsible parties. We detail these below. 

    Identifying the Elements of a Medical Malpractice Claim

    Every state has a slightly different approach to the medical malpractice claims process. However, overall, there are three elements the action must meet if it is going to be considered medical malpractice. These are:


    • There Was a Violation of the Standard of Care – Duty of care is a legal term that can best be explained to you by a medical malpractice attorney. Essentially, it’s the idea that all medical professionals are obligated to use their professional competencies to protect the safety of the individual patient. It’s also why a medical mistake isn’t necessarily going to be malpractice; it had to have been one that any other person in their shoes would have reasonably prevented or known how to prevent. 
    • You Suffered Injuries as the Result of the Negligence – You must be able to prove the injuries you suffered from the alleged malpractice would not have occurred if it were not for the carelessness or the attending medical professional. 
    • The Injuries Led to Actual Damages – In the context of a medical malpractice claim, actual damages usually refers to lost income, medical expenses, or other economic damages. Because the cost of litigating a medical malpractice claim with the help of an expert medical witness is so high, your damages usually have to have been significant for filing a claim to make sense. 


    Get a Free Assessment from a Medical Malpractice Lawyer Today

    Figuring out whether or not filing a medical malpractice claim in your case can be complex. The good news is you don’t have to go it alone—a medical malpractice lawyer with The Law Offices of Casey D. Shomo can get you started with a free evaluation. 

    Call them at 561-659-6366 or by visiting their website to learn more today.