Medical malpractice happens when a hospital, doctor, or other health professional causes an injury to a patient during the course of treatment either through negligence or omission. Sometimes it's because something was diagnosed incorrectly, not diagnosed at all, or treated improperly. Medical malpractice laws require claims to meet certain criteria:
There must be a violation of care standards
The profession of medicine recognizes certain standards when it comes to providing care to patients. Just because you are unhappy with the treatment or results does not necessarily mean you have a case. If you’re able to show that a competent doctor would not cause harm in the same circumstances of your treatment, you may have a case. In most cases, expert testimony is required to show that the doctor in question deviated in some way from the medical standard of care.
You've been injured by the negligent party
In addition to violating the standard of care, the health care professional must also have caused an injury that would not have happened otherwise. If you've simply been injured during the course of regular treatment with no negligence, you won't have a case. Expert medical testimony is often required to show that this is the case.
You must have suffered significant damages
Medical malpractice suits are expensive because they often require experts and depositions. For this reason, patients who file medical malpractice suits must prove that they have suffered significant hardship due to the negligence. If your injury results in disability, lost income, unusual pain and suffering, or massive medical bills, you may be able to sue.