Proving Negligence in a Hospital Malpractice Claim

Medical malpractice is a term describing what happens if a doctor, healthcare professional, health care facility, or hospital fails to provide care for an individual in accordance with the accepted standards of the medical profession and that individual becomes injured or ill as a result. Accordingly, there are three basic elements to prove in a medical malpractice claim. These are:

  • You were under a physician’s care.
  • While being treated, the physician failed to act as a doctor in that specific medical specialty should act.
  • As a result, you became injured, ill or your condition worsened.

Physicians and medical professionals must uphold a basic standard of care when treating patients. Some elements of improper medical care include:

  • Improper treatment: An example of this might be a doctor improperly putting a cast on a broken leg causing a fracture to heal incorrectly and further causing the individual to have problems walking.
  • Birth injuries to a mother or child: An example might be an obstetrician mishandling a baby’s head during birth and causing brain damage.
  • Prescription errors: An example might be a doctor that prescribes the wrong medication and causes a condition to worsen.
  • Misdiagnosing or failing to diagnose: An example of this might be a doctor who fails to biopsy a suspicious looking growth.
  • Failure to monitor: An example might be a doctor who fails to monitor progress after a heart attack and a second, much more severe heart attack occurs.
  • Surgical errors: An example might be a doctor operating on the wrong body part.
  • Failure to inform about risks associated with a specific procedure: An example of this might be failing to inform an individual having a procedure that the procedure may cause life-altering side effects.

If you have been a victim of medical malpractice, do not attempt to handle a claim by yourself. There are deadlines associated with filing a medical malpractice lawsuit and an experienced, skilled and knowledgeable attorney will know the best way to help you navigate a complicated legal system so you’re able to receive the compensation you deserve. Call Finkelstein & Partners, LLP at 800-529-2676 or email We can help.