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Do I have a medical malpractice case?

Updated: Feb 7, 2023

Medical malpractice cases are known for being complex and challenging to navigate. Determining whether you have a case can be difficult, which is why it is important to seek the guidance of an experienced personal injury attorney.

What is Medical Malpractice?

Medical malpractice refers to a failure by a healthcare provider, such as a doctor, nurse, or hospital, to meet the standard level of care expected in the industry, resulting in harm to a patient. It is a matter of great concern and can have severe consequences for both the patient and their loved ones. It is essential for individuals to be aware of what makes up a case of medical malpractice.


What things are needed for there to be a medical malpractice case?

To establish a medical malpractice case, the following elements must be present:

  1. Deviation from the standard of care: The plaintiff must show that the healthcare provider failed to provide a standard level of care and that this failure led to harm. This often requires expert testimony and a thorough understanding of accepted medical practices.

  2. Causation: It must be established that failing to provide a standard level of care directly caused harm to the patient.

  3. Statute of limitations: Each state has its own time limit for filing medical malpractice claims. It is crucial to file within this timeframe to avoid having the case dismissed. (Click here to see your state's statute of limitations)

  4. Evidence: Gathering evidence in a medical malpractice case can be a complex process, however, the sooner you reach out to a medical malpractice attorney, the better. You can bring your collection of evidence to them which can include but is not limited to medical records, test results, and expert opinions.

If you believe you have a medical malpractice case, it is advisable to consult with a medical malpractice attorney who can assess the situation and advise you on your options.


If you suspect that you or a loved one have been the victim of medical malpractice, it is crucial to consider certain elements that may comprise a valid case. These elements include: a deviation from the standard of care, evidence of causation linking the harm suffered to the healthcare provider’s actions, compliance with the applicable statute of limitations, and the availability of adequate evidence. Determining these elements may require expert testimony and a thorough understanding of medical practices. If you believe that you have a case, seeking the advice of a medical malpractice attorney is advisable. They can thoroughly assess the situation and provide informed counsel.


What are some examples of things that could or would not be a medical malpractice case?

By looking at examples, you can see how the legal system has handled similar situations in the past and get a better understanding of what makes up a medical malpractice case. Some common examples of medical malpractice cases include:

  • Misdiagnosis or delayed diagnosis: If a doctor cannot diagnose a condition correctly or in a timely manner, and this leads to a worsening of the patient’s condition, it may be medical malpractice.

  • Surgical errors: Surgical errors can range from performing the wrong procedure on a patient, to leaving instruments or materials inside a patient after surgery.

  • Birth injuries: If a doctor fails to properly monitor a mother and baby during labor and delivery, and this results in harm to the baby, it may be medical malpractice.

  • Anesthesia errors: If an anesthesiologist administers too much or too little anesthesia, it can lead to serious consequences for the patient.

  • Medication errors: If a doctor prescribes the wrong medication, or if the wrong dose of medication is given, it can lead to harm to the patient.

It is important to note that not every bad outcome in medical treatment is medical malpractice. For a case to be medical malpractice, there must deviate from the standard of care, and that deviation must result in harm to the patient.


I think I have a medical malpractice case, what do I do now?

If you have investigated and believe that you may have a valid medical malpractice case, it is recommended to consult with an experienced medical malpractice attorney. At Demesmin and Dover Law Firm, we understand the complexities and challenges of these types of cases, and we are committed to providing our clients with the information and expertise they need to make informed decisions. Our experienced lawyers will guide you every step of the way and ensure that your rights and interests are protected. If you or a loved one have been affected by medical malpractice, please contact us at 866-954-MORE (6673) to schedule a consultation.


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