Medical Malpractice

Please contact us if you have been injured due to medical malpractice, misdiagnosis or any type of medical injury as a result of working with a doctor, hospital or care provider.

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. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion. In Australia, this test has been replaced but the principles are comparable. In recent years doctors have blamed these types of lawsuits for large rate increases in medical malpractice insurance, resulting in calls from some groups for tort reform.

Elements of the case

A plaintiff must establish all four of the following elements, for a successful medical malpractice claim.[1]

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 (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent." Wikipedia