An Ultimate Guide to Medical Malpractice

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Medical Malpractice:

Medical malpractice is a condition in which a patient suffers from a severe injury due to the omission or carelessness of a health professional or doctor.

Most of the time, laxity occurs in diagnosis, aftercare management of health, or treatment.

If we talk about the claim according to the law, then some conditions must be fulfilled to claim. Let’s discuss the characteristics that a claim should hold.

  • Breach of standards of care

A few health care standards are set by law and must be followed by health care professionals. To avoid any inconvenience in the nearby. So, it is the right of an ailing person to expect those health care standards that are set by the law from health care professionals or doctors. If the patient observes that those set standards were not met by health care professionals then, that he can claim negligence.

  • An impairment caused by negligence

For a valid medical malpractice claim, the breach of standards of care is not sufficient. Some other factors need to be met. one of these factors is that patient must prove that he sustained a wound that would not occur in the presence of proper care. If the patient is unable to prove that the injury is caused by the negligence of health care, then there will be no claim. Of medical malpractice.


  • Crucial damage caused by negligence

If we talk about the legal action of medical malpractice, they are extremely expensive. It involves various medical experts’ testimony and their numerous hour’s deposition of testimony.

For a viable case, the ailing person must prove that crucial damage caused to him happens due to the negligence of health professionals during medical treatment.

In case of damage is small, pursuing the cost of the case will be more than the recovery of the wound.

Moreover, for pursuing medical malpractice claims, an ailing person must show loss of income, severe pain, and suffering from hardship.

A few instances of medical malpractice:

 Medical malpractice has diverse forms. let’s discuss a few that can assist in better understanding.

  • Blunder in diagnosis or incorrect diagnosis
  • Ignoring the results and readings of laboratory
  • Mistakes in surgery or doing surgery of wrong body parts
  • The extra or low dosage of medicine
  • Discharge is given by professionals at the wrong time
  • Improper setting of test timing
  • Leaving a surgical instrument in the patient’s body
  • Incorrect prescription of medicines
  • Negligence in identifying symptoms

Medical Malpractice damage proved and reward:

In case if your damage has been proved, then you will get a reward based on your damage category i.e.

  • Special damage

It includes loss of payment, medication prescription, and expense of correct surgery

  • General damage

It includes hardship, pain, and consortium loss.

Medical malpractice Attorney

If you believe that your family member or you have been the victim of a health professional’s negligence (i.e. medical malpractice) then you should consult a malpractice attorney as soon as possible. If you are a resident of Miami, then it shouldn’t be difficult to get in touch with an experienced medical malpractice attorney like the law offices of Dolan Dobrinsky Rosenblum Bluestein and more.


In a nutshell, in case of medical malpractice consult a medical malpractice attorney as soon as possible.