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Medical Malpractice: Signs and Legal Actions

Medical malpractice occurs when a healthcare professional deviates from standards in their field, causing harm to a patient. This article aims to elucidate the signs of medical malpractice and outline the steps one can take to seek legal redress.

Signs of Medical Malpractice:

  • Misdiagnosis or Delayed Diagnosis: Misinterpreting or overlooking symptoms leading to incorrect or delayed treatment.

  • Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving surgical instruments inside the patient.

  • Medication Errors: Prescribing wrong medication or dosage.

  • Birth Injuries: Negligence during childbirth resulting in harm to the mother or baby.

  • Failure to Treat: Ignoring standard care protocols or discharging a patient prematurely.

Understanding the Legal Framework:

  • Medical malpractice claims fall under the purview of tort law. To establish a claim, the patient must prove four elements: duty, breach, causation, and damages.

Legal Steps in Medical Malpractice Cases:

  • Consultation with a Medical Malpractice Attorney: Essential for understanding your legal rights and the viability of your case.

  • Medical Records Review: Collecting and analyzing medical records to identify deviations from standard care.

  • Expert Testimony: Engaging a medical expert to validate the claim of negligence.

  • Filing a Lawsuit: Initiating legal proceedings if settlement talks fail.

  • Discovery Process: Both parties gather evidence and witness testimonies.

  • Negotiation and Mediation: Attempts to reach a settlement before trial.

  • Trial: Presenting the case in court if a settlement is not achieved.


Recognizing signs of medical malpractice and understanding the legal process is crucial for patients seeking justice. Legal actions in these cases are complex, requiring the expertise of specialized attorneys and medical experts. It's important for patients to act within the statute of limitations and with a comprehensive understanding of their case's specifics.

Looking for help in the next step after an injury? Contact NextPhase Community today.

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