Medical Malpractice Eligibility

More than 225,000 people die from medical malpractice related injuries each year. In fact, settlements and verdicts have increased by 40%. Medical malpractice injured over a half of million Americans last year alone.

Medical malpractice applies when a physician, hospital, nurse, EMT or other medical care professionals harmed a person. Regardless of experience or skill, there are times when doctors fail to perform at a level of proficiency and professionalism. When this occurs and it results in an injury to a patient, patients may seek damages for medical malpractice. However, there are certain requirements to prove medical malpractice.

Duty of Care

A health care professional has a duty of care to avoid causing injury to another person when a person in the same circumstance would know that an action or omission may result in injury. While some cases may be clear-cut, other medical malpractice cases may be more complicated. That’s why it’s important to have an experienced medical expert witness on hand. A knowledgeable complex litigation attorney like those found at the Michael Brady Lynch Firm will know the best way to process your case.

Breach of Duty

Those injured must show that the medical professional failed to carry out their duty of care. Specifically, the health care professional’s conduct fell below a generally accepted standard of care. Testimony of another medical expert qualified in the same category of medicine can prove medical malpractice. Breach of duty includes misdiagnosis, improper care, neglect, medication errors, and an unclean environment.


Proven negligence helps prove this was the direct cause of injury or damage. Hospitals or doctors may argue the injury would have occurred without negligence. For example, a physician who fails to diagnose cancer may argue that the cancer was terminal even if it was diagnosed earlier. Hospitals may argue that the patient just had a compromised immune system and would have gotten an illness like pneumonia no matter how careful or sanitary the room was.  If health care providers can establish that the end result would have been the same as with proper care rendered, the plaintiff cannot recover damages even if negligence did occur. Plaintiffs in medical malpractice cases need to gather as much evidence as possible to show the cause of their injuries, which should include medical records from documenting the proximate cause. Expert witnesses who are willing to testify in court that the plaintiff’s injuries were the direct cause of negligence are also a critical part of demonstrating direct causation. Most states even require the testimony of a medical expert witness. All of these reasons are why consulting with a knowledgeable complex litigation attorney like those found at The Michael Brady Lynch Firm is extremely important.

Free Consultation

If a hospital or doctor injured you, compensation for negligence or medical malpractice could be available. Though hospitals are often on the hook for incompetent care provided by employees like paramedics, nurses, and medical technicians, they often are not responsible for a doctor’s medical malpractice. A knowledgeable attorney will know the difference.

If you are facing life-altering complications or have lost a loved one due to medical malpractice, contact us today. We can help you fight for the compensation you need to cover pain and suffering, economic damages, and more. You should not have to suffer silently from malpractice within the health care industry. Let us protect your legal rights and help you in the pursuit of justice. Our consultations are completely free.

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