Medical Malpractice Law: Common Questions

What Exactly Is Medical Malpractice?

Medical malpractice is defined as any conduct that deviates from the standard level of care owed by medical care professionals to their patients. A standard level of care means that your doctor or nurse will give you the same, responsible treatment as anyone else in their field. While each doctor is entitled to give their own medical opinion, the patient deserves a level of skill and knowledge as deemed by medical school and the medical industry.

What Are Some Common Examples of Medical Malpractice?

There are numerous examples of medical malpractice, since the medical industry is such a large industry. A few situations can include:


  • Delayed treatment for a known medical condition
  • Inappropriate treatment for a known medical condition; including prescribing wrong prescriptions or undergoing unnecessary treatment
  • Wrongful death
  • Misdiagnosis
  • Failure to diagnose or treat a condition
  • Prescribing expired medication
  • Using medical equipment that has knowingly been recalled


What Do I Need to Show When Filing a Medical Malpractice Claim?

Fortunately, it can be relatively simple to prove a malpractice claim. All you and your attorney need to do is to prove that your medical provider did not perform to the standard of care promised, the victim (you) were injured, and the injury was caused due to the negligence of the doctor or the nurse. 

But What if I Signed a Consent Form Before Surgery?

A consent form simply states that you understand the risks that come with having surgery or undergoing a procedure. It does not mean that you have waived your rights to having a standard of care in any way.

What Happens if I am Unhappy With the Results of My Procedure?

A bad result is not an excuse to file a medical malpractice claim. This results back to the waiver you signed before getting treatment; where you consented to the risks associated with not being pleased with the result.

What Should I Do If I Suspect I’ve Been a Victim of Medical Malpractice?

Medical malpractice lawsuits are timely, and there are statutes of limitations based on the state you live in. Contacting a trusted doctor and an experienced malpractice defense attorney is crucial to do immediately. You will want to first see if you have a claim, and then decide quickly if you would like to file a lawsuit. The quicker you contact a lawyer, the faster you can protect your rights and get the compensation you deserve.