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 (by a healthcare provider) that causes an injury.

PleaseGetMeAnAttorney.com can help you find an experienced Medical Malpractice Attorney.   We have "THE BEST" Medical Malpractice Attorneys.
(please fill out the form to the right)

The medical malpractice claim

The parties

The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or -- in the case of a wrongful-death suit -- the executor or administrator of a deceased patient's estate.

The defendant is the health care provider. Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush (122 S.W. 3d 835, Texas, 2003), "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.

PleaseGetMeAnAttorney.com can help you find an experienced Medical Malpractice Attorney.    We have "THE BEST" Medical Malpractice Attorneys.
(please fill out the form to the right)


Elements of the case

A plaintiff must establish all four of the following elements, 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.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'). The breach caused an injury -- The breach of duty was a proximate cause of the injury.

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.

PleaseGetMeAnAttorney.com can help you find an experienced Medical Malpractice Attorney.    We have "THE BEST" Medical Malpractice Attorneys.
(please fill out the form to the right)


Damages

The plaintiff's damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Punitive damages are only awarded in the event of wanton and reckless conduct.

PleaseGetMeAnAttorney.com can help you find an experienced Medical Malpractice Attorney.  We have "THE BEST" Medical Malpractice Attorneys.
(please fill out the form to the right)

Call Toll free 1-800-231-8857