Medical Malpractice

A medical malpractice lawsuit means an action for damages for personal injury or death as a result of any medical malpractice by a health care provider, whether based on tort or contract law.   Those that can be held responsible due to being included in the definition of a “medical care provider” include:

  • physician
  • certified registered nurse anesthetist
  • physician’s assistant
  • nurse
  • optometrist
  • chiropractor
  • physical therapist
  • dentist
  • podiatrist
  • pharmacist
  • veterinarian
  • hospital
  • nursing home
  • community mental health center
  • psychologist
  • Clinic

When bringing a medical malpractice claim against a healthcare provider, you must prove:

  • The degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or specialty in the locality in which he or she practices or in a similar locality;
  • That the medical care provider failed to act in accordance with that standard; and
  • That as a proximate result thereof the injured person suffered injuries that would not otherwise have occurred.