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Imagine walking into a hospital and relying on the professionals there to guide you to health, only to see your trust crumble when the care you receive leaves you worse off than when you arrived. From trust to trauma just like that. It’s an unfortunate reality that leaves many wanting answers, accountability and payment for the pain they’ve suffered. But achieving this comes down to being able to prove medical malpractice.  

In this post, we discuss what medical malpractice is, how to prove medical malpractice, and why working with an experienced lawyer increases your chances of a successful medical malpractice suit.

What is Medical Malpractice?

So what is medical malpractice? It’s a situation of medical negligence–a lapse in the expected standard of care–that results in harm to the patient. Misdiagnosis, surgical blunders, medication mix-ups, and negligent aftercare can all fall under the umbrella of medical malpractice because each of them involves breach of duty by healthcare providers that leads to harm.

Key Elements of a Medical Malpractice Claim

At the heart of medical malpractice lawsuits are four key elements:

Duty of Care

The foundation that makes a medical malpractice case possible is the duty of care that medical professionals owe to their patients. It’s their obligation to provide care that meets established standards and protects their patient’s safety and well-being.

Breach of Duty

To have a medical malpractice case, a medical professional must breach their duty of care. This could manifest in various ways, such as an incorrect or delayed diagnosis, surgical mishaps, or improper medication management.


For a malpractice claim to hold, it must be made clear that the breach of duty caused the patient’s injuries. In other words, it must be proved that the harm would not have occurred if the medical professional had not been negligent.


Damages are the consequences of the act of medical malpractice (i.e. the physical, emotional, and financial toll the patient suffered). These can range from additional medical bills for corrective treatment, lost earnings due to inability to work, as well as pain and suffering.

Steps to Prove Medical Malpractice

man with glasses and bald head wincing as he holds his neck

Proving medical malpractice is like piecing together a puzzle. Let’s walk through what needs to be done to bring these pieces together:

Step 1: Establishing a Duty of Care

First off, you need to prove that there was a duty of care owed. This means showing that there was an established doctor-patient relationship with the medical provider through appointment records, hospital documents, or billing information.

Step 2: Demonstrating a Breach of Duty

The second step is to pinpoint how the healthcare provider fell short of the accepted medical standard of care. Compare what the provider did (or didn’t do) to what is widely accepted as competent and careful treatment. Medical records, treatment notes, and sometimes, the contrast between your condition before and after the treatment can be evidence.

Step 3: Linking the Breach to Harm

Showing a causal link is next. Expert testimonies from medical professionals in the same field can be instrumental in making the connection between the medical errors and the damage dealt. They can explain how the breach directly resulted in harm.

Step 4: Quantifying the Damages

Finally, it’s about putting a number on the impact of the malpractice. This means calculating not just the physical toll it took on you in terms of additional medical treatments, surgeries, or therapies but also the emotional and financial strain. Lost wages due to time off work, reduced earning capacity, ongoing care costs, and compensation for pain and suffering all come under scrutiny. Keeping track and tallying these amounts is key.

It’s a complex process, but it can be made a lot simpler with an experienced medical malpractice lawyer. They can help you put all of these pieces together and present a compelling case for medical malpractice.

Common Challenges in Medical Malpractice Cases

One of the biggest hurdles in medical malpractice cases is proving negligence and causation. Establishing a clear, undeniable link between a healthcare provider’s actions and the patient’s harm is extremely difficult, especially when the opposing side is trying to argue the harm is due to some underlying medical condition or unforeseeable complications.

Dealing with medical providers and insurance companies is another serious challenge. They are well-versed in defending against malpractice claims, and they use different tactics to minimize their liability: they might dispute the extent of your injuries, argue that the standard of care was met, or even blame you for contributing to your condition.

How a Medical Malpractice Lawyer Can Help

A medical malpractice lawyer can help you overcome the hurdles in your path to receiving compensation. They have a deep understanding of the law, which allows them to argue against the defences healthcare providers and insurance companies use.

After gathering and analyzing all the relevant documentation, your lawyer will craft a compelling narrative that puts you in position to receive the compensation you deserve. They will also negotiate your settlement with insurance companies and make sure what is offered reflects the extent of your damages. If negotiations break down, your lawyer will transition to defending your rights in court.

DWA Law – Fighting for Justice in Your Medical Malpractice Lawsuit

If you find yourself at this crossroads in the aftermath of a damaging medical situation, remember you don’t have to take it all on alone. At Dickson Wynperle Associates Personal Injury Lawyers, we offer trusted legal representation for those affected by medical malpractice and other personal injury issues.

Our dedicated team is committed to guiding you through every step and fighting to secure the acknowledgment and compensation you rightfully deserve. Reach out to us, and let’s take the first step towards justice together.

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We believe personal injury law can only be practiced successfully by SPECIALIZED, experienced, and caring injury lawyers. DWA LAW has argued and WON Millions of dollars for victims on a wide range of personal injury cases.


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