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Medical Malpractice Lawyer

Medical malpractice cases can arise from several different mistakes that can be made in a hospital or doctor’s office. These cases can result from minor errors to errors that can be extremely serious or even life-threatening.

There are many different ways in which a medical malpractice case can arise, and there are three elements required to fight against a doctor, surgeon, hospital, or other person or institution in a medical malpractice case.

The Three Elements of Medical Malpractice

The three things one must prove in a medical malpractice case are known as the three professional elements.

The three professional elements are:

  1. Breaching the accepted standard of care
  2. Causation
  3. Damages

Breaching The Accepted Standard of Care

Each doctor or surgeon has an acceptable standard of care to meet or exceed within their field. If the doctor or surgeon fails to reach this standard (falls below it), they have breached the accepted standard of care. The breaching of the accepted standard of care must include either an act or an omission (a failure to act).


Once the accepted standard of care has been breached, the causation element comes into play. Causation refers to the breach causing some bad result to happen. In other words, the breach of the accepted standard of care must have been the cause of a specific injury.


This is the element of medical malpractice that refers to the money the law allows the victim to recover as compensation for their injury. Damages come in two main types, including economic and non-economic damages.

Economic damages include “out of pocket” expenses and lost wages. These include medical and other types of bills, medical appliance costs, and certain types of construction costs (building a wheelchair ramp to make your house accessible, for example).

Non-economic damages cover those suffering non-out of pocket or lost wage expenses, including pain (both physical and emotional) and anguish.

Common Types of Medical Malpractice

The most common types of medical malpractice cases are related to diagnostic errors. 51.7% of emergency room medical malpractice cases stemmed from diagnostic errors. Another 30% of emergency room malpractice cases involve heart attacks.

Some other types of medical malpractice include:

  • Birth Injury
  • Obstetrical Errors (Causing Birth Injury)
  • Emergency Room Malpractice
  • Misdiagnosis
  • Prescription Error
  • Surgical/Anesthesia Error
  • Nursing Home Neglect


In 2002 there were 4,132 surgery-related medical malpractice cases. The average payout resulting from these cases was $222,285.

Between 1990 and 1996, nearly 4 billion dollars were awarded damages in medical malpractice cases related to surgery acts or omissions.

Get Help Recovering Damages!

If you think you have a case that fits into the three professional elements for medical malpractice, it may be time you start searching for the right medical malpractice lawyers.

Doing this will help ensure that you have someone working on your side that knows the best steps towards collecting the compensation you deserve for the injury you or a loved one received.

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