Legal liability in most medical malpractice cases revolves around the concept of “negligence.” To win a medical malpractice case, you must prove:

1) the doctor had a duty to you (in other words, there was a doctor-patient relationship; e.g., if you call a new doctor on the telephone and talk to a nurse, a doctor-patient relationship has probably not yet been established);

2) the doctor did something in diagnosing or treating you that no reasonable doctor would have done in similar circumstances;

3) the doctor injured you; or

4) the doctor’s treatment errors caused your injury.

Although we refer to “doctors” in this material, a medical malpractice lawsuit can include all types of health care professionals: doctors, nurses, psychologists, and hospitals.

If you have sustained losses due to the negligence of a medical professional, you should seek the advice of a medical malpractice attorney, and do so quickly to ensure your rights are preserved.