Medical malpractice is something that most doctors and patients fear equally. It is defined as a medical or health care professional’s negligence resulting in injury to a patient. When this happens, the medical standard of care is compromised due to the lack of attention to detail and skill. Health professionals must abide by certain medical standards and regulations in treatments for each patient. When these professionals deviate from these thoughtfully planned standards and they do not give a patient the consistent care that they should’ve received, courts may conclude negligence.

Standards of care establish how much time, skill, and attention a healthcare professional should give to a patient. When courts determine that a professional did not meet these standards, they will then consider the personal injury medical malpractice. Has you or anyone you know have fallen victim of personal injury due to a medical professional’s lack of attention to required medical standards of care? If so, seeking an experienced medical malpractice lawyer may be the solution.

Here are ways to identify 3 of the many medical malpractice cases:

Personal Injury Due to Negligence

For a personal injury to be considered medical malpractice, there needs to be adequate evidence of a violation of the medical standards of care. The patient needs valid proof of failed health care from a professional. They will also need to demonstrate that negligence did play a role in said failure. The patient must show that there would be no injury in the absence of the health professional’s lack of quality care. The patient and their medical malpractice lawyers need substantial evidence to prove this. If they cannot prove that negligence played a part in the injury, there will be no case.


Misdiagnosis accounts for a large percentage of medical malpractice claims. This happens when a health professional fails to properly diagnose a patient. In order to fit the definition of malpractice, this misdiagnosis must cause harm or death due to missing a treatment opportunity that could have potentially eased their pain or saved their life. The patient must prove that another doctor would have handled the situation differently under the same circumstances. There needs to be proof of the other doctor’s competency in treating the patient and their evaluation on the diagnosis. If the patient can prove that another doctor would not have misdiagnosed the patient, then the personal injury case has a chance in court.

Injuries with Pregnancy/Childbirth

There is also the possibility of negligence with medical treatment for a patient during their pregnancy. This form of mistreatment can harm either the mother or fetus and in worst cases, both. Negligent actions can include the failure to identify birth defects or misdiagnosis during and after pregnancy. Misdiagnosis for treatment of the mother includes hypoglycemia, anemia, Rh incompatibility, preeclampsia, or gestational diabetes, among others. Not diagnosing these medical conditions correctly and promptly can cause birth defects or other harms. The failure of a diagnosis is dangerous for the mother. This is because symptoms of certain conditions such as genital herpes can contagious to the fetus. It is crucial to identify these problems early on before they can be considered a medical malpractice case.

Do You Believe You Were a Victim of Medical Malpractice?

Call Our Personal Injury Attorneys

At Grabb & Durando we believe that doing something right the first time is vital, and in some cases, can mean the difference between life or death. As a group of personal injury attorneys, we know that no one will care for you as much as you do. Well, let us show you how much WE care. If you have fallen victim to a personal injury, we pledge to uphold you and be with you every step of the way. The statute of limitations for malpractice is two years, so don’t wait any longer to start fighting for the compensation you deserve.

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