Medical Negligence (Malpractice)

Broadly stated, medical malpractice is the misconduct by any health care provider such as a doctor, nurse, physical therapist, hospital, health maintenance organization and others. Misconduct can occur in the form of intentional misconduct, assault, battery and negligence. The most common form of misconduct in the civil arena is negligence. To prevail in a negligence claim, a jury must find that a healthcare provider failed to exercise that degree of skill and learning that is ordinarily exercised by members of the defendant’s profession under the same or similar circumstances. Not only must misconduct occur, but the misconduct must be the legal cause of injury.

Medical malpractice claims can be the most expensive types of claims to bring before a jury. The costs and expenses associated with a typical medical malpractice claim can range from $10,000.00 to $50,000.00 or more. Therefore, experience, resources and skill are important factors in successfully prosecuting a medical malpractice claim.