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Do I Have a Medical Malpractice Case? Understanding the Basics

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Not every bad medical outcome is malpractice, but when a provider fails to meet the standard of care and a patient is harmed as a result, legal action may be warranted. Here's what to know:

To establish a medical malpractice case, typically you must prove:

  • A Doctor-Patient Relationship Existed

    The provider acted in a way that a competent peer would not.

  • Negligence Occurred

    The provider acted in a way that a competent peer would not.

  • That Negligence Caused Harm

    Your injury must be directly linked to the provider’s actions.

  • It’s Within The Statute of Limitations

    The statute of limitations sets a time limit for filing a legal action. This time limit varies by jurisdiction, and once it expires, the claim can no longer be pursued.

Examples might include:

  • Misdiagnosis or delayed diagnosis

  • Surgical errors

  • Medication mistakes

  • Birth injuries

These cases are complex and often require expert review. If you suspect malpractice, it’s a good idea to speak with an attorney who can assess your situation and help determine the best next step.

Call us at Silverback Legal LLP for your free consultation: 866.733.6225.

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