Out of the Dark: Shedding Light on Malpractice Cases and Your Rights

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Malpractice Cases and Your Rights

Medical malpractice is a common and detrimental issue that impacts almost 50 percent of health care physicians in the United States. The most popular departments being accused of malpractice are surgery, OBGYN, plastic surgery, and gastroenterology to name a few. Some of the basic examples of past cases include:

  • Wrongful implementation of anesthesia
  • Medical staff performing in a manner that isn’t up to par
  • A medical care professional implemented injury by negligence
  • Leaving operating tools or materials in the body of a patient
  • Sexual misconduct or abuse

Finding legal representation for your medical malpractice case is important as it will help you to gain the justice you rightly deserve. Although seemingly daunting, it is important to understand your personal rights when considering filing a lawsuit towards a medical professional.

What Are the Logistics of Medical Malpractice by Law


Although many individuals have felt neglected by a healthcare professional, according to the American Board of Professional Liability Attorneys, there are three standard categories that define malpractice. Those include:

Standard care breaches include violations of specific medical standards that go against standard care. If a healthcare professional delivers sub-par attention to a patient that is obviously inconsistent with what they are under oath to do, the patient may have a valuable case.

An injury has to occur in order for the legal system to acknowledge malpractice. This injury must come with proof of liability otherwise it is not accepted. If a doctor performs a surgery and the results aren’t up to the patient’s expectations, this is not an example of malpractice.

The injury impacted the individual’s life. In accordance with the law, a patient has to have proof of the physical or mental damage done by the practitioner. This can be either written or physical damage done that can be easily identified in the court of law. This proof may come in the form of disability, termination, pain, and suffering, or financial stagnation.

Failure to Diagnose


When a patient undergoes the appropriate steps towards seeking a diagnosis, they are holding their medical practitioners in a high esteem. This means they should be allowed a fair and comprehensive diagnosis. When a doctor fails to diagnose cancer, DVT, heart disease, and even future pregnancy complications, they may have a stable case of medical malpractice. Patients have the right to disapprove of their doctor’s efforts if they later find out that they have a serious condition.

What Does a Legal Attorney Do?


A legal attorney is dedicated to making sure that you receive the compensation you deserve for medical malpractice. By understanding the basic rights of citizens, they are able to navigate the perilous walls of the legal system with experience. Medical malpractice lawyers will analyze your case and determine if you have a reason to file a claim. Through a free consultation, a lawyer will work with you to reach your full potential. In addition, you will also be able to receive the proper mental care that is necessary for enduring a traumatic experience like medical malpractice.

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