Medical Malpractice



Medical malpractice refers to professional negligence by a healthcare provider that results in injury, harm, or death to a patient. This negligence can occur through acts of omission (failing to provide appropriate medical care) or commission (providing substandard or negligent medical care). Medical malpractice cases typically involve healthcare professionals such as doctors, surgeons, nurses, dentists, pharmacists, and other healthcare providers.

In medical malpractice cases, plaintiffs have the burden of proving 4 key elements: (1) Duty of Care; (2) Breach of Duty; (3) Causation; and (4) Damages.

1.             Duty of Care: Healthcare providers owe their patients a duty of care, meaning they are expected to provide treatment that meets the standard of care expected of a reasonably competent practitioner in their field.

2.             Breach of Duty: A breach of duty occurs when a healthcare provider fails to meet the standard of care expected in their profession. This can involve errors in diagnosis, treatment, surgery, medication management, or other aspects of patient care.

3.             Causation: The breach of duty must be the direct cause of the patient's injury or harm. In other words, the patient must prove that they were injured as a result of the healthcare provider's negligence.

4.             Damages: The patient must have suffered damages as a result of the healthcare provider's negligence. These damages can include physical injury, emotional distress, medical expenses, loss of income, and other losses.

Medical malpractice cases can involve a wide range of issues, including misdiagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, failure to diagnose, delayed treatment, and more. These cases are often complex and require expert testimony from medical professionals to establish the standard of care and demonstrate how it was breached.

If you believe you or a loved one has been a victim of medical malpractice, it's essential to consult with our office at Weber, Bednarz, Randell & Young, LLP – (401) 900-9279. At Weber, Bednarz, Randell & Young, LLP, we can evaluate your case, gather evidence, consult with medical experts, and advocate on your behalf to pursue compensation for your injuries and losses through negotiation, mediation, or litigation.