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Medical Malpractice

Medical malpractice (or medical negligence) occurs when a doctor, health care professional, hospital or other health care facility fails to care for someone in accordance with the accepted standards of the medical profession and the person is injured, becomes ill or a condition or illness worsens as a result.

What are the elements of a medical malpractice case?

In order to prevail in a medical malpractice case, you will need to show that:

  • You were under the care of a physician;
  • In the course of advising you, diagnosing you, or treating you, the physician failed to act as a doctor in the specialty should act; and
  • As a result you were injured, became ill, or a condition or injury worsened.

Examples:

  • Improper treatment:
  • Injury during birth (to mother or child):
  • Prescription errors:
  • Failure to diagnose or misdiagnosis:
  • Failure to monitor:
  • Surgical errors:
  • Failure to inform of the risks of a specific procedure:

I’m just a regular person; how can I prove a medical professional didn’t do what he was supposed to do?


Are there certain situations in which I would not need to hire an expert witness to prove my case?


In res ipsa cases, you will often not need an expert to bolster your case. Rather, your lawyer will seek to prove:


I have been injured by the wrongful conduct of my doctor:

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