By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
    Health
    Healthcare organizations are operating on slimmer profit margins than ever. One report in August showed that they are even lower than the beginning of the…
    Show More
    Top News
    physical health
    5 Ways Playing Games Can Improve Neural and Physical Health
    September 9, 2022
    Reasons For Hair Loss and Its Treatment
    Reasons For Hair Loss and Its Treatment
    February 16, 2022
    healthcare organization
    5 Actionable Strategies For Healthcare Organizations
    August 15, 2022
    Latest News
    Grounded Healing: A Natural Ally for Sustainable Healthcare Systems
    May 16, 2025
    Learn how to Renew your Medical Card in West Virginia
    May 16, 2025
    Choosing the Right Supplement Manufacturer for Your Brand
    May 1, 2025
    Engineering Temporary Hospitals for Extreme Weather
    April 24, 2025
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
    Policy and Law
    Get the latest updates about Insurance policies and Laws in the Healthcare industry for different geographical locations.
    Show More
    Top News
    email marketing in healthcare
    Harnessing the Power of Email Marketing in Healthcare
    October 26, 2023
    healthcare claims
    The Role of Communication in Resolving Complex Workers’ Compensation Claims in Healthcare Settings
    September 22, 2024
    Wounds and Wisdom: What Motorcycle Accidents Teach Us About Health and Healing
    Wounds and Wisdom: What Motorcycle Accidents Teach Us About Health and Healing
    February 12, 2025
    Latest News
    Building Smarter Care Teams: Aligning Roles, Structure, and Clinical Expertise
    May 18, 2025
    The Critical Role of Healthcare in Personal Injury Recovery: A Comprehensive Guide for Victims
    May 14, 2025
    The Backbone of Successful Trials: Clinical Data Management
    April 28, 2025
    Advancing Your Healthcare Career through Education and Specialization
    April 16, 2025
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: What Does A Medical Malpractice Attorney Do? Here’s What To Know
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > Health care > What Does A Medical Malpractice Attorney Do? Here’s What To Know
Health carePolicy & LawPublic Health

What Does A Medical Malpractice Attorney Do? Here’s What To Know

John Henning
Last updated: December 20, 2018 10:03 am
John Henning
Share
4 Min Read
SHARE

  Perverse lack of skill and professional misconduct refers to malpractice. Lawsuits based on health care professional’s negligence are litigated by medical malpractice lawyers. Delay in treating a detected condition, birth traumas, failure to obtain consent before treatment, anesthesia errors, medical misdiagnosis, and surgical errors are some of the areas where medical malpractice cases arise. Lawsuits are generally brought against the negligent party. Recovering from negligent malpractices can be really arduous. Therefore, if you live in Dallas, Dallas medical malpractice attorney will help you pursue the case by first identifying the essential elements of negligence in your case. These elements include duty, breach, cause in fact or proximate cause, and damages.

Contents
Duty and breach of dutyCause in Fact or Proximate CauseDamageEvaluating Your Negligence ClaimMalpractice LawsuitFinal Thoughts

Duty and breach of duty

The medical malpractice lawyer must demonstrate the existence of a doctor-patient relationship. A duty arises when the law is aware of a relationship between the doctor and the patient, requiring the doctor to act in a particular manner towards the patient. By failing to exercise reasonable care in satisfying the duty, a defendant breaches the duty. Therefore, the plaintiff must prove beyond reasonable doubt that the defendant breached their duty of care.

Cause in Fact or Proximate Cause

The unpremeditated connection between the breach of the standard of care and the injury must be established by the patient. The plaintiff will be basically proving that the defendant’s actions are what instigated the plaintiff’s injury. On the other hand, the defendant is only answerable for those injuries he could have foreseen.

Damage

As a result of the defendant’s deviance from the standard of care, the patient must have sustained actual injuries. Therefore, it is not enough that the defendant failed to exercise reasonable care. Actual damage must have occurred to the defendant due to failure to exercise reasonable care.

More Read

medical education
Top 6 Essentials To Survive Medical School
Direct Primary Care Goes to Washington
Why Boeing’s ACO Experiment Needs to Succeed
Cancer Care Without Borders
Massachusetts Health Insurance Premium Drops Again

Evaluating Your Negligence Claim

If you got injured or disabled, a medical malpractice attorney will guide you through the process of a medical malpractice lawsuit or settlement. You will be compensated for medical bills and lost wages, if you can prove that your health care professional was at fault for the injury sustained. You may have uninformed expectations without experience in the medical malpractice field. While taking full advantage of the probabilities of a successful claim, a medical malpractice attorney will have the knowledge and experience to engage the involved parties.

Malpractice Lawsuit

Medical malpractice might occur in any type of medicine or at any stage in treatment. You may wish to take legal action if you have been injured due to unscrupulous medical care. You need to establish if your case meets the requirements of negligence to determine whether you have a feasible medical malpractice case. Generally, the health care provider must have failed to exercise a reasonable standard of care. For that reason, it is important to work with an attorney who understands your case.

Final Thoughts

To end with, medical practitioners should have the knowledge and skill that is required for them to offer treatment or relief to a patient. A medical practitioner owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the person. In general, the law calls for healthcare professionals to abide by certain standards to evade negligence claims.

TAGGED:Malpracticemalpractice attorneymalpractice suitmedical malpractice
Share This Article
Facebook Copy Link Print
Share
By John Henning
John Henning is a nutritionist, freelance writer, and food blogger that provides accessible nutrition info to help people live a healthier life. His unique approach to nutrition emphasizes nutrient-dense, whole foods and healthy habits rather than restrictive diets.

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

Clinical Expertise
Building Smarter Care Teams: Aligning Roles, Structure, and Clinical Expertise
Health care
May 18, 2025
Grounded Healing: A Natural Ally for Sustainable Healthcare Systems
Grounded Healing: A Natural Ally for Sustainable Healthcare Systems
Health
May 15, 2025
Learn how to Renew your Medical Card in West Virginia
Learn how to Renew your Medical Card in West Virginia
Health
May 15, 2025
Dr. Klaus Rentrop Shares Acute Myocardial Infarction heart treatment
Dr. Klaus Rentrop Shares Acute Myocardial Infarction
Cardiology
May 13, 2025

You Might also Like

DiagnosticsMedical EthicsWellness

Concierge Medicine – Is it Ethical or Elitist?

February 22, 2016

AMA: Pay Docs for Care Coordination

October 11, 2011

Global Handwashing Day: Support Global Handwashing

October 13, 2011
health insurance
Health ReformPolicy & Law

Shopping for Health Insurance

October 1, 2013
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?