Medical malpractice or medical negligence is negligence by omission by a health care provider in which treatment falls below the accepted standard of practice and causes injury or death to the patient, with the majority of cases involving medical error. The injured patient must show that the physician in question was negligent in providing care and that the negligence in question resulted in an injury.

In order for medical malpractice negligence to be proven, four (4) legal elements must be proven.  They are:

  1. Professional duty owed to the patient.
  2. There was breach of the duty owed to the patient.
  3. There was injury caused by the breach of duty.
  4. Resulting damages.

If money damages are awarded, it is taken into account both noneconomic and economic loss, such as pain and suffering.


In the U.S., statistics show that over 190 thousand people are killed every year due to medical errors.

There are between 15 to 19 thousand medical malpractice lawsuits brought against doctors each year.


  • Standards and regulations vary by State and County so consult with a medical malpractice attorney before filing a claim. Your medical malpractice attorney will let you know where you stand in regards to your legal rights and what regulations fall within your area.
  • Your medical provider should be providing you with professional and legal services, backed by liability insurance. In a case where medical malpractice and/or negligence have occurred, the medical provider, in most cases, should have their case handled on some level by their insurance company.
  • Medical malpractice lawsuits are stressful and can be extremely intimidating, which is why it is important to seek the assistance of a medical malpractice attorney to help with your claim.
  • With medical malpractice lawsuits the claimant has to prove that the damages are evident. These might include medical bills, loss of work, loss of limb, death, unable to continue current line of work, et cetera. Save your records and any information that is pertinent to your case.

If you, or someone you know, have been injured due to medical malpractice, contact an experienced medical malpractice attorney’s office to help file your claim so that you get the compensation that is rightfully owed to you.