Have a Malpractice Case?

Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. Simply put, medical malpractice is professional negligence that causes an injury.

A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim.

1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached — the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitor or ‘the thing speaks for itself’).
3. The breach caused an injury — The breach of duty was a proximate cause of the injury.
4. Damages — Without damages, there is no basis for a claim, regardless of whether the medical provider was negligent.