Medical Malpractice

What is Medical Malpractice?

Did you know that medical errors are the third-biggest cause of death in the US? While most procedures occur without issues, incidents like these happen far more often than you think. However, how do you determine whether your case qualifies for a medical malpractice lawsuit? Remember that those receiving treatments are already ill. Just because the procedure didn’t go as planned does not automatically mean negligence was the leading cause. Getting help from a medical malpractice attorney can help determine whether a healthcare professional’s negligence caused your injuries.

How Does Medical Malpractice Work? 

When a patient undergoes medical treatments, specific protocols must be followed by a medical facility or professional to ensure their safety. Failure to do so can lead to devastating consequences. Health service providers cannot be held responsible for every damage. Still, they are accountable for any medical liabilities caused by negligence or a failure to follow basic procedural guidelines. In this case, a patient can file a claim to seek compensation for any harm or injuries caused.

Who Is Responsible For Medical Malpractice?

In a medical malpractice lawsuit, you may file it against the medical professional or organization responsible for your injuries. The term “medical professional,” in this case, is a broad one that includes doctors, pharmacists, nurses, or anyone else who was directly involved in your treatment. Also, part of a medical malpractice lawsuit is for the jury to determine who is liable for the patient’s damages. It’s not uncommon for a case to have several defendants, each with varying levels of guilt.

What Do You Need To Prove In A Medical Malpractice Claim? 

Your malpractice case must show clear evidence that the defendants involved caused your damages. You need to prove four components for your claim to be successful.

Professional Negligence

A poor or unexpected medical outcome doesn’t automatically mean that the doctor was at fault. If a doctor’s actions were in line with standard procedure, your case might not qualify. Therefore, you need to prove that the medical provider was negligent and that your injuries resulted from their actions. Presenting a professional medical expert to discuss the appropriate medical procedure and how the defendant failed to follow it will help you prove this step.

A Doctor-Patient Relationship 

You need to prove a relationship between you and the defendant(s) during the medical procedure. In other words, there was a consensual agreement between you and the medical professional to let them treat your medical condition. You can easily prove this through medical records establishing that connection.


Even if the defendants were negligent, this doesn’t necessarily mean they were responsible for the damages caused. Your ability to prove that the medical provider’s negligent actions directly caused your injuries is therefore crucial to your case. A qualified expert witness can also help you establish this step in court. 


The final step is to show the connection between the malpractice incident and any damages or losses you sustained. This evidence includes anything from additional medical bills, disfigurement, lost wages, physical pain, or other adverse effects related to your injury.

Most Common Types of Medical Malpractice Cases 

Each medical malpractice case is unique, but some claims occur more often than others. Here are the five most common malpractice suits you can find.

Failure To Treat

A doctor can commit this malpractice whenever they correctly diagnose a patient’s condition but fails to follow medical standards in treating it. From using unsanitary equipment to not following up with a patient, there are many ways a medical professional can cause further damage to the patient if they aren’t careful.

Childbirth Injuries 

Childbirth injuries occur when a medical error by a physician or technician creates further complications during pregnancy. Several birth conditions are caused by medical negligence, including cerebral palsy, nerve damage, or spinal cord injuries. 

Prescription Drug Errors 

A medical professional has full responsibility for any adverse effects the patient experiences. Common errors include a provider administering an incorrect dosage, giving you the wrong medication, or failing to check if you have any drug allergies. 

Surgical Errors 

When you undergo an operation, the medical staff is responsible for ensuring your safety. However, surgical errors are among the most common types of medical errors. The most frequent errors include:

  • Unnecessary operations.
  • Medical tools are left inside the patient’s body.
  • Failure to follow medical procedures.


Long-term consequences can result from a doctor’s failure to diagnose you, which is especially crucial in life-threatening illnesses requiring immediate medical attention. Commonly misdiagnosed conditions include certain cancers, Lyme disease, and multiple sclerosis.

Let An Experienced Medical Attorney Help You

Medical malpractice incidents affect thousands of Americans each year. Cases like these are traumatic experiences for victims, mainly when they cause lifelong damage and suffering. If you have experienced medical malpractice, know that you aren’t alone. A professional medical malpractice attorney will help analyze your case and ensure you receive the compensation you deserve. 

With over 60 years of experience, our nationally recognized lawyers at Edelman, Krasin & Jaye, PLLC have helped many plaintiffs win their malpractice claims. If you have any questions or want to schedule a free consultation, get in touch with our Westbury, New York office by using our online intake form or calling us at 866-506-3694.