How to Determine If You Have a Medical Malpractice Case

February 9, 2024

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor or a nurse, breaches their duty of care and in turn harms or injures the patient through negligence. The standard or duty of care refers to the various procedures, treatments, etc. that are utilized by medical professionals when put in a position to diagnose, treat, or provide care for a patient. It serves as the benchmark against which their actions are evaluated in the context of medical practice. The standard of care has been breached when a healthcare professional deviates from the typical standard of care, the practices that a medical professional would employ given similar circumstances. 

How to determine if I have a medical malpractice case?

Medical malpractice cases are based on the principle that healthcare providers and/​or medical practitioners have a certain standard of care that they must abide by when treating a patient and if they fail to meet that standard, then they would be held legally responsible for any damages or injuries that take place to the patient. In cases where a patient encounters common medical complications or experiences side effects resulting from prescribed medications or treatment procedures, it may not automatically be deemed a form of medical malpractice, especially if the patient has been adequately informed of the potential risks and complications associated with their treatment plan. In order to determine if you’re actually dealing with a medical malpractice case, there are certain criteria you can assess in order to evaluate the case at hand. 

Breach of Duty of Care

To consider the injuries and/​or damages that you endured as a consequence of medical malpractice, you must first establish that the healthcare professional owed you a duty of care. The duty of care extends to various aspects of patient care, including accurate diagnosis, appropriate treatment, proper communication of risks and benefits, obtaining informed consent, and ensuring a safe and hygienic environment. You can determine that there has been a breach in that duty of care when the medical professional has deviated from the accepted duty of care that typically all medical professionals would abide by regarding patient care. 


The second criteria to consider when assessing a case is whether there is a direct link between the breach of the standard of care and the damages and injuries you have suffered. Some of the damages and/​or injuries that would be considered in a medical malpractice case include physical injuries, emotional distress, and additional financial expenses. If you can prove that the healthcare professionals actions of negligence is what caused you to have to endure these damages or injuries, you will have a compelling argument for why your case would be considered one of medical malpractice. 

The determination of whether your case can be classified as medical malpractice rests on two key factors: establishing a breach of the duty of care and demonstrating a clear link between the healthcare provider’s actions and the harm suffered. However, to secure a favorable outcome and obtain the compensation you rightfully deserve, it is beneficial to consult with an experienced attorney before moving forward with your case. 

Our team of lawyers at Ball Eggleston possesses extensive knowledge and expertise in handling medical malpractice cases. If you believe you have a medical malpractice case, our experienced team is ready to guide you through the legal process and advocate for your rights!