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How do I know whether I have a medical malpractice claim?

That’s why you call us. If you or a family member has sustained an injury, tell us about your situation even if you’re not sure whether someone else is at fault.

Every personal injury case follows a basic framework. The plaintiff must prove 1) that the defendant had a duty to the plaintiff; 2) that the defendant violated that duty; 3) that the plaintiff was harmed; and 4) that the defendant’s breach of duty caused that harm.

Some cases are quite obvious:  we all have a duty not to run red lights and crash into each other, for example. Other duties are more complicated or technical. In medical negligence cases, for example, identifying the doctor’s specific duty, concluding whether he or she breached that duty, and determining whether that breach caused injury requires a thorough understanding of the treatment involved and the standards the medical profession imposes on doctors performing such treatment. At Kidman Tinker, PLLC we have the training and experience to address those issues.

A variety of negligent medical errors may be the subject of a malpractice lawsuit. Malpractice claims often allege one of the following types of medical errors:

  • Missed, delayed, or incorrect diagnosis.
  • Surgical or other treatment errors.
  • Improper monitoring of patient health.
  • Anesthesia errors.
  • Medication errors.
  • Childbirth injuries.