Grounds For Medical Malpractice
Published on:November 30, 2017

Throughout the country, medical malpractice lawsuits are dropping while insurance for doctors is on the rise. The large majority of medical malpractice lawsuits are settled out of court, but that should not deter you from seeking compensation if you feel you are entitled. When you choose a medical malpractice attorney, it is important to find one that is experienced in these types of cases and has the network of experts available to help you successfully file your claim.

It also helps if you understand the grounds for medical malpractice. It is important to note that every medical malpractice case is different and not every plaintiff wins their claim. But if you feel that you were the victim of medical negligence, then you should at least seek out the advice of an experienced lawyer.

Standard Of Care

Each time a doctor treats a patient, there is a standard of care that must be met. Every state has civil statutes that deal with standard of care and, as you can imagine, this is one of the more gray areas of medical malpractice.

We all expect our doctors to be responsible, communicate effectively, and know what they are doing. If a patient feels like their doctor did not meet the outlined standard of care, then that could be grounds for a medical malpractice lawsuit.


Medical negligence is a broad term that can include activities such as:

  • Surgical errors
  • Errors in prescribing medication
  • Ongoing treatment errors
  • Failure to do a complete examination or order the right kinds of tests

The list of potentially negligent activities is extremely long, and it takes a very experienced attorney to determine if you are a victim of negligence. Doctors will often go through a variety of disclosures prior to a surgical procedure to avoid being sued for negligence, but patients should know that they can ask for clarifications and second opinions on surgical procedures before getting the procedures done.

Latent Damages

One of the most difficult types of medical malpractice cases to prove are ones involving latent damages. For example, if you had a procedure done two years ago and now negligence during that procedure is causing you medical issues, then you can file a medical malpractice lawsuit to get compensation.

The problem with these types of lawsuits is proving that the negligence of the doctor resulted in your medical problems. The human body is a delicate instrument and it is possible to develop medical problems that look like they could be the result of negligence, but are actually caused by something else. For these types of cases, it is extremely important to have a certified malpractice attorney who has experience in your type of case.

The idea of suing your doctor for a medical problem is something that many people want to avoid. But if you have been injured due to the negligence of any doctor, then you should hire an experienced medical malpractice attorney to get the compensation you need to get your life back on track.