If you have experienced a poor outcome after medical treatment, you may be wondering if you have a medical malpractice claim. The truth is, not every bad result is malpractice. Sometimes, even when the physician or nurse does everything correctly, things can go wrong. However, if your healthcare provider made a mistake that caused your injury, you may have a case.
Below are answers to common questions that can help you understand the process.
Medical Malpractice FAQ
Q1: Does a bad outcome mean malpractice?
Not always. Poor results can happen even when the proper standards are met. For medical negligence to apply, your provider must have done something wrong that caused your injury.
Q2: What must be proven in a malpractice case?
Your medical malpractice lawyer needs to show:
- Violation of the standard of care – The provider acted differently than a reasonably prudent practitioner would have under similar circumstances.
- Causation – That violation was a substantial factor in causing the bad outcome.
- Injury caused by the violation – The breach directly resulted in your injury.
Q3: How will my attorney evaluate my case?
- They will order and review your medical records.
- If the case looks valid, they will send the records to independent medical experts. Only physicians can testify about standards of care and causation in court.
Q4: How long does this process take?
- Ordering records: 1–2 weeks or longer.
- Expert review: 2–4 weeks or longer, depending on complexity. Your attorney will update you after consulting with experts.
Ready to Find Out If You Have a Case?
Don’t wait—medical malpractice lawsuits are complex and time-sensitive. Contact our experienced medical malpractice attorneys today for a free consultation. We will review your situation, explain your legal options, and guide you every step of the way.