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What Is Medical Malpractice?


Do you want to receive an answer to the question, “what is medical malpractice?” Watch the video below to learn what medical malpractice is and explore what condition represents a standard of care violation.


Learn More:

The Consequences Of Medical Malpractice

What Are The Odds Of Winning A Medical Malpractice Suit?

Do I Have A Medical Malpractice Case? – What Is The Attorney “Taking On?”


Video Transcript

0:00 Intro
0:18 What is Medical Malpractice? Standard Of Care
0:53What is Medical Malpractice? Burden Of Proof

Medical malpractice is when a healthcare provider fails to meet the standard of care. You will also learn what condition represents a standard of care violation. 

0:18 What is Medical Malpractice? Standard Of Care

When the standard of care, meaning what a reasonable doctor or nurse or whatever will do under similar circumstances, fails to meet that benchmark, and as a result of that, the patient suffers. The patient can sue for damages. 

Now, sadly, there is so much more medical malpractice out in society than there are winnable medical malpractice cases. What does that mean? It means that everybody who’s a victim of medical malpractice doesn’t necessarily have a winnable viable medical malpractice case. And 

Why is that so? 

0:53 Burden Of Proof

Well, the burden of proven medical malpractice is on the victim and the victim’s family, all right. It’s not on the healthcare provider. The Healthcare provider just has to respond to the complaint. They just have to show up and defend themselves, and get people to support their position.

But all of the elements of malpractice have got to be proven to a reasonable degree of probability. That means greater than fifty percent by the plaintiff. In the plaintiff’s family, you’ve got to prove that a healthcare provider didn’t meet the standard of care. 

One, you’ve got to do that with evidence, that being expert testimony, and then referring back to the medical records and the documents. 

Two, you’ve got to prove that there’s damage, and when I say damage, I mean this sounds pretty simple, but if you have a knee surgery and after knee surgery, you wake up and you’ve got neck pain, well you’re trying to say that the knee surgery caused your neck pain. Well, that’s going to be difficult because your knees are down here, your neck’s up here. You have to have an expert to say that there’s a correlational connection between the two. You won’t be able to prove that the knee surgery caused the neck pain or your damages. 

So you have to prove negligence, you’ve got to prove that there’s damage, and you have to prove that there’s a reasonable, foreseeable link between the negligence and the damage.

If anybody believes that they have sustained really really serious damages as a result of medical malpractice or alleged medical malpractice, definitely reach out and I promise you this. We’ll tell you the truth.  We’ll tell you the truth about what happened to you. We’ll review your records, we’ll go over them with you, and you’ll walk away with a sense of understanding irrespective of whether or not we can take your case and sue on your behalf.

Any honest medical malpractice attorney will tell you that one of the greatest expenses in a medical malpractice case is having to pay physician experts to study the details of the medical issues in your case and, if necessary, provide testimony at deposition and trial. While even our physician-attorneys may also need to hire outside medical experts for your case, our medical know-how allows us to perform a significant amount of the medical analysis necessary for your case in-house which may translate into significant savings at the conclusion of your case.

Because we have in-house medical know-how, we can evaluate the medical questions in your case and provide answers without a lengthy wait. Our internal process involves getting the issues in your case quickly in front of the right physician-attorney who, based on his or her medical experience and training, is most likely to have the answers you seek about whether you have a case and how we might help you get the compensation you deserve to help secure a brighter future for you and for your loved ones.

Medical malpractice claims can be wrought with incredible complexity, but chances are that there are few or none who can know the medical issues in your case like medical professionals. If you are seeking compensation in a medical malpractice claim, you should have experienced medical malpractice lawyers working for you on that case; You will also stand to benefit from medical professionals on your side. With LawMD, you get both.

At LawMD, our attorneys are not just award-winning legal professionals; most of them are also medical doctors. Our team comprises medical professionals with specialties and capacity in emergency medicine, surgery, pediatrics, radiology, dentistry, and a number of other specialties and subspecialties. We also consist of highly respected trial lawyers, seasoned negotiators, and experienced litigators. It is this winning combination of legal and medical knowledge that earns our reputation among many as the legal team with “the right medicine for justice.”



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