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Establishing A Medical Malpractice Case


Most people seeking the assistance of a medical professional expect to feel better, not worse, afterward. Medical malpractice is when a doctor, nurse, specialist, pharmacist, hospital or other medical professional causes injury to a patient due to their negligence. Medical negligence is the third leading cause of death in the United States. If you were injured for any reason due to the negligence of a medical health professional, you may have the right to receive compensation for your medical bills, lost wages, and even pain and suffering. Understanding how to establish a medical malpractice claim can help you determine if you may have the legal right to file a lawsuit.

How to Establish a Medical Malpractice Case

Medical malpractice cases can be extraordinarily complex and legally challenging. In order to establish a case for medical malpractice, you will need to prove the following four elements:

  • Duty of Care. If you are under the care of a medical professional, they have a special responsibility to provide you, as a patient, with reasonable and appropriate medical care that is determined by the medical community. This standard of care is generally regarded as what another doctor, nurse or specialist would have done in the same or similar circumstances.
  • Medical negligence is not simply being unhappy with the outcome of a treatment or procedure. Medical negligence is when a medical professional breaches their duty of care towards a patient by failing to treat a patient according to established medical standards.
  • You must prove that the doctor or medical professional directly caused your injuries as a result of his/her medical negligence.
  • For medical malpractice, a patient must have suffered actual physical, emotional, or financial damages, or all three.

Common Examples of Medical Malpractice

Although every medical malpractice case is different, the most common lawsuits regarding medical malpractice cases include the following:

  • Misdiagnosis of a condition
  • Failure to diagnose a condition
  • Ignoring or misinterpreting laboratory or medical testing results
  • Unnecessary surgery or incorrect surgery on the wrong body part
  • Surgical errors, such as leaving a tool or sponge inside the patient’s body
  • Improper medication dosage or incorrect medication is given to the patient
  • Incorrect or substandard aftercare or follow-up care of a patient
  • Premature discharge from a hospital
  • Failure to identify or note the patient’s history of allergic reactions
  • Failure to order proper imaging or laboratory tests
  • Failure to recognize medical signs and/or symptoms leading to misdiagnosis or failure to treat

Let Us Help You Today

If you or someone you love was injured as a patient due to the negligence of a medical practitioner, you may have the right to receive compensation for your injuries. However, attempting to establish a medical malpractice claim can be complex and legally challenging. Medical expert testimony is typically necessary as well as an independent investigation. Contact an experienced medical malpractice and personal injury attorney at Roman & Roman today at 877-767-1032 or contact us online for a free consultation. We have offices in Clearwater, Hudson, and Tampa.



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Clearwater Office

Clearwater Office

fax: 727-736-3234
2274 FL-580
Clearwater, FL 33763
Hudson Office

Hudson Office

Hernando: 352-796-2151
fax: 727-736-3234
12000 U.S. Hwy 19
Hudson, FL 34667
Tampa Office

Tampa Office

(by appointment only)
fax: 727-736-3234
9301 W. Hillsborough Ave.
Tampa, FL 33615
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