{"id":358033,"date":"2016-04-04T10:46:21","date_gmt":"2016-04-04T15:46:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/medical-malpractice.html"},"modified":"2023-08-03T12:45:58","modified_gmt":"2023-08-03T17:45:58","slug":"medical-malpractice","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/medical-malpractice.html","title":{"rendered":"What is Medical Malpractice Law?"},"content":{"rendered":"\n
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What is Medical Malpractice Law?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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Medical malpractice law addresses situations where doctors or other healthcare professionals fail to meet the accepted standard of medical care, resulting in patient harm. Because the standards are specialized and the legal process is complex, patients typically need an experienced medical malpractice attorney to evaluate their claim and pursue compensation.<\/p>\n<\/div>\n<\/div>\n

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Medical malpractice, sometimes called medical negligence, occurs when doctors and medical professionals fall short of this standard of care. Healthcare providers must meet a different standard of duty and care than the average person in a negligence suit.<\/p>\n

These cases require proving that a health care provider\u2019s negligence<\/a> directly caused an injury, often through expert medical testimony.<\/p>\n

This article reviews the differences between a medical malpractice lawsuit and an ordinary negligence claim. You’ll also learn what a medical malpractice attorney<\/a> does, and how to find the right type of lawyer for your malpractice claim.<\/p>\n

Medical Malpractice Law<\/h2>\n

In many ways, a\u00a0medical malpractice suit is like a personal injury or other negligence suit. The plaintiff or patient must prove that the doctor breached their duty of care and an injury resulted from the negligence. The elements of both negligence and medical malpractice are:<\/p>\n