FAQs About Medical Malpractice Claims

We trust medical professionals to take care of our health, and when something goes wrong, it can be devastating. Negligence on the part of a medical professional can lead to life-altering injuries, and every victim of medical practice deserves justice. Here are some frequently asked questions clients have about medical malpractice:

What is Medical Malpractice?

Medical malpractice is negligent treatment by a medical provider. If a medical provider does not act in accordance with the standard of care when they are performing their duties, then they may be liable for medical malpractice.


Who Can be Liable for Medical Malpractice?

It is a common misconception that only doctors can be liable for medical malpractice. However, there are a number of different medical professionals that can be held responsible, including:

  • Doctors
  • Surgeons
  • Nurses
  • Medical assistants
  • Hospitals
  • Hospital staff

What Are Some Examples of Medical Malpractice?

Medical malpractice can happen in a variety of situations where there is medical negligence. Some examples of medical malpractice include:

  • Birth injuries
  • Surgical errors
  • Emergency room mistakes
  • Anesthesia errors
  • Missed diagnosis
  • Misdiagnosis
  • Medication errors

Do I Have a Medical Malpractice Case?

It is important to remember that an adverse outcome in a medical context does not necessarily mean that there has been medical malpractice. Even when a medical practitioner acts with the utmost care, things can go wrong. There are elements that must be met to establish a malpractice claim:

  • A doctor-patient relationship was established
  • There was a standard of care, meaning there was a legal obligation for the medical professional to meet the accepted standard of care in the community.
  • There was a breach of the standard of care.
  • The breach caused the injury.
  • The injury resulted in damages.

Do I Need an Attorney for My Medical Malpractice Case?

The issues surrounding medical malpractice can be complex. Establishing the standard of care and the ways in which a medical professional breached it requires research and experience.


Contact an Experienced Medical Malpractice Attorney

If you’ve been injured due to medical negligence, you should have your case evaluated by an experienced medical malpractice attorney. At Bonina & Bonina, P.C., we have been helping the victims of medical malpractice for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.