Home Blog Medical Malpractice: Recognizing Negligence, Claim Process

Medical Malpractice: Recognizing Negligence, Claim Process

This page explains medical malpractice, its claim process, and how a lawyer from ContractsCounsel can help you.

Jump to Section

Medical malpractice is when a medical professional doesn’t meet their standard of care or is negligent, resulting in injury, harm, or even death. Examples of medical malpractice include incorrect surgeries, not ordering required tests on a patient, or prescribing the incorrect medication.

If you’re dealing with a medical malpractice situation, it can be a stressful experience. You don’t have to go through it alone. By connecting with a professional lawyer, you can fight for your rights and receive compensation to help you move forward.

Read the rest of this article to learn about how to prevent and deal with medical malpractice, how to prove malpractice, and when you should consult with a lawyer.

What are the Different Types of Medical Malpractice?

There’s a wide range of medical malpractice types. Some of the most common include:

Diagnostic Errors

A doctor who wrongly diagnoses a patient is displaying medical malpractice. This is also the case if the doctor delays making a diagnosis, which can cause delays in the patient receiving treatment.

Surgical Errors

Problems occurring during surgical procedures, such as a surgeon doing the wrong surgery, are considered malpractice since they can cause severe harm and possibly even death.

Medical Device Errors

When a patient requires the use of a medical device, it’s the doctor’s responsibility to ensure that it works properly, isn’t defective, and is well maintained.

Medication

It’s common for mishaps to occur when medication is prescribed to patients. This can include prescribing the incorrect medicine or dosage, which can cause adverse symptoms or health problems.

Can You Prevent Medical Malpractice?

Although you can’t always control the care you’re given when seeking medical advice or treatments, there are some ways in which you can possibly prevent malpractice from occurring.

Ask Questions

It’s a mistake to leave your care fully in the hands of medical professionals. You should always advocate for yourself by asking questions, doing your own research, getting a second opinion, and expressing any doubts to your medical team.

If your doctor brushes off your concerns or questions, don’t be afraid to consult with a different one who makes you feel heard.

Be Upfront

Giving your medical team the full picture of your health is an important step in ensuring they fully understand your treatment options and diagnosis. This involves being honest about your symptoms and medical history to avoid complications with your care.

Maintain Health Records

To prevent issues, or be able to notice them quickly, you should ensure you keep a record of all medical documents, such as medication scripts, test results, as well as notes you’ve made after doctor visits. If you don’t have all your medical records, it’s your legal right to request them.

Notice Signs of Possible Negligence

Sometimes, it’s possible to notice signs of impending medical malpractice. These include if your doctor doesn’t give you clear, confident answers to your questions or has made errors such as misdiagnosing you in the past. These are red flags that they can’t be trusted and you should seek a second opinion.

What Should You Do if You’re the Victim of Medical Malpractice?

When you’re dealing with medical malpractice, you should do the following:

Gather Your Documents

As previously mentioned, it’s crucial to keep a record of all medical documents. Now’s the time to review them to see if there are any signs of medical malpractice. For example, if you’ve been treated with medication that isn’t appropriate for your health diagnosis.

Understand Time Limits on Claims

It’s important to know the time limit for reporting medical malpractice cases. For example, it’s two years in Missouri, but it can vary in different states. If you’ve been a victim of medical malpractice, you need to take action promptly so that you don’t miss your chance.

Consult with an Attorney

On ContractsCounsel, an online legal network that connects clients with vetted lawyers, you’ll get assistance from a professional, skilled lawyer with years of experience in assisting clients with medical malpractice.

This is essential to help you fight your case. Your lawyer will remind you of your legal rights and guide you on the best way to deal with the medical malpractice. They will also assist you in the following ways:

  • Communicate with the medical professional or organization on your behalf. They might be able to reach an agreement to settle the dispute.
  • Your lawyer will explore if the doctor followed the duty of care and if they were negligent, so that they can establish your case.
  • They can report the malpractice to the medical board.
  • They will check all your medical records to see which documents should be collected to support your case.
  • They’ll take legal action. If other efforts to seek damages are not satisfactory, your lawyer can file a lawsuit. This is usually the case if the harm done to you was significant.

How is Medical Malpractice Proven?

In order to be successful in a medical malpractice case, it’s essential to prove the following:

  • The medical professional had a duty to care for their patient.
  • The medical professional was careless or negligent.
  • This negligence caused the patient harm.
  • The patient suffered damage because of these actions.

What Happens During the Medical Malpractice Case?

A medical malpractice case usually includes the following stages:

  • Filing a lawsuit in a court of law.
  • Sharing information. The plaintiff and defendant will exchange documents, depositions, and interrogatories.
  • Settling out of court, if possible, should they reach an agreement.
  • If they go to court, the plaintiff will try to prove that the defendant was negligent.
  • The judge will deliver a verdict. If the plaintiff wins, the judge will determine what damages should be sought.

Do you need a lawyer for medical malpractice?

If you’re dealing with a costly and stressful case of medical malpractice, you should consult with a professional and vetted lawyer on ContractsCounsel. All lawyers on the platform are vetted with years of experience in working with clients who have dealt with medical malpractice claims.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,857 reviews

Meet some of our Lawyers

J.R. S. on ContractsCounsel
View J.R.
5.0 (4)
Member Since:
December 29, 2023

J.R. S.

Business Lawyer
Flower Mound, Texas
7 Yrs Experience
Licensed in TX
Touro Law, New York

Experienced Attorney with an MBA in Finance who provides a business-oriented mindset and thrives in a collaborative environment with a-typical challenges. Possesses exceptional skills in legal research, drafting and enforcing contracts, skillful in negotiations and mediations, drafts extremely persuasive pleadings, attacks depositions with zeal for my clients. Experience includes Business Management and IT Consulting with a successful track record managing outside relationships, associated costs, and optimizing outcomes for client(s). Effectively restructures antiquated business processes and incorporates technology and best practices to effectuate progressive outcomes for business clients. Partners collaboratively with business leaders to advance company objectives while minimizing risk to ensure internal and external compliance, increased profitability, and diverse practices. Dynamic communicator with the interpersonal skills to build trusting relationships with executives, management, and employees of various backgrounds, expertise, and styles.

Recent  ContractsCounsel Client  Review:
5.0

"JR was fantastic. Quick to digest a complex, nuanced situation and generated an effective document as agreed-upon. Highly recommend!"

Tiffany S. on ContractsCounsel
View Tiffany
5.0 (7)
Member Since:
January 3, 2024

Tiffany S.

Attorney
Free Consultation
Washington, Utah
10 Yrs Experience
Licensed in NM, UT
J. Reuben Clark Law School

Tiffany received her Juris Doctorate from the J. Reuben Clark Law School, Magna Cum Laude. She is admitted to the Utah State Bar and the New Mexico State Bar. She practices in the areas of real estate, general business, business formation, employment agreements, and civil litigation.

Recent  ContractsCounsel Client  Review:
5.0

"Overall great experience, Tiffany was very easy to work with even though we are in different time zones."

Brian J R. on ContractsCounsel
View Brian J
5.0 (1)
Member Since:
January 4, 2024

Brian J R.

Managing Partner
Free Consultation
Raleigh NC
40 Yrs Experience
Licensed in CT, DC, NC, NY
Benjamin N Cardoza School of Law

Immigration expert with over 30 years’ experience focused on start-up companies H-1, L-1, E, O-1 visas. PERM and extraordinary ability immigrant visas. Complex family immigration cases and waivers. I also assist early stage comapnies in entity formation and general legal matters for start-up companies in the areas of Telehealth, Technology and International Trade.

Haroldo M. on ContractsCounsel
View Haroldo
5.0 (1)
Member Since:
January 8, 2024

Haroldo M.

Attorney
Free Consultation
Miami, Florida
18 Yrs Experience
Licensed in LA
Loyola New Orleans College Of Law

A seasoned attorney dedicated to navigating complex legal issues and devising strategic solutions for my clients.

Recent  ContractsCounsel Client  Review:
5.0

"He keeps in constant contact with me. He has been very fast and very helpful If your looking for a great lawyer, He is your lawyer! I highly recommend hiring him!"

Elaine T. on ContractsCounsel
View Elaine
Member Since:
January 2, 2024
Zenaida R. on ContractsCounsel
View Zenaida
Member Since:
January 3, 2024

Zenaida R.

Managing Attorney
Free Consultation
Miami, Florida
3 Yrs Experience
Licensed in FL
St. Thomas University

I am an active member of The Florida Bar, having successfully passed the Florida Bar Examination in September 2023. My legal career spans over seven years, beginning with extensive experience as a law clerk, where I supported attorneys and developed a strong foundation in client-focused legal work. I focus my own practice on business and estate planning matters, including entity formation, corporate governance and compliance, commercial transactions, and long-term planning for individuals, families, and business owners. My estate planning practice focuses on helping individuals and families protect their assets, plan for incapacity, and ensure their wishes are carried out with clarity and confidence. I regularly prepare wills, trusts, powers of attorney, health care directives, and related planning documents, and I take a personalized, practical approach to each plan—ensuring it reflects the client’s goals, family dynamics, and long-term needs while remaining fully compliant with Florida law.

Alexander H. on ContractsCounsel
View Alexander
Member Since:
October 5, 2025

Alexander H.

Attorney
Free Consultation
Florida
27 Yrs Experience
Licensed in FL
Nova College of Law

I have been licensed to practice law in Florida since 1999. My work has centered on a wide range of family‑court matters, including divorce, child support, custody, paternity cases, and prenuptial agreements. I also handle broader family‑law services such as Last Will & Testaments, Powers of Attorney, and property‑related issues such as Quit Claim Deeds. In addition to family law, I have extensive experience in consumer bankruptcy law, such as Chapter 7 bankruptcy, and advising clients on issues such as wage garnishments, bank levies, foreclosure defense, repossessions, judgment enforcement, credit card lawsuits, and debt defense tactics. I regularly guide individuals on qualifying for bankruptcy, means‑testing, exemption planning, and strategies to protect assets in divorce and bankruptcy. I developed the Family Law and Bankruptcy Law courses for a law school, and I am the author of Consumer Bankruptcy Law for paralegals and legal professionals, published by Routledge. I also teach business law, economics of law, and bankruptcy in both English and Spanish for an international university.

Koohyar H. on ContractsCounsel
View Koohyar
Member Since:
July 7, 2026

Koohyar H.

Solo attorney
Free Consultation
San Francisco, CA
5 Yrs Experience
Licensed in CA
Golden Gate University School of Law

I'm an attorney who loves music, comedy, and tech. My goal is to help creative people and entrepreneurs focus on their ideas by taking care of the boring legal stuff for them.

Ernestas P. on ContractsCounsel
View Ernestas
Member Since:
January 21, 2024

Ernestas P.

Attorney
Free Consultation
New York, New York
2 Yrs Experience
Licensed in NY
University of Maryland Francis King Carey School of Law

I am a broadly skilled legal professional. I am highly drawn to technology, fintech, intellectual property, privacy law, contracts. I am also experienced in business litigation and business transactions. I have been told to have the following skills perfect time management, critical thinking, problem solving, attention to detail, communication and decision making. As a former flight attendant, I am well versed and acquired many of those skills in a fast faced multicultural/multilingual setting. I am able to work solo or as a team member and quickly adapt to changes. Finally, I am fluent in English, Lithuanian, Russian.

Scott B. on ContractsCounsel
View Scott
Member Since:
January 26, 2024

Scott B.

Partner
Free Consultation
Los Angeles, CA
3 Yrs Experience
Licensed in CA
Purdue Global Law School

Scott Bowen, Esq brings legal experience in family law, special education law, and healthcare law matters. Scott also has over 20 years of expertise in healthcare compliance, medical coding, and healthcare consulting to the firm.

Damian T. on ContractsCounsel
View Damian
Member Since:
January 29, 2024

Damian T.

Founding Partner
Free Consultation
Albuquerque, NM
4 Yrs Experience
Licensed in NM
New York University School of Law

Damian is a founding partner of Holon Law Partners. He began his career as an officer in the Marine Corps, managing legal affairs for his command in Okinawa, Japan. In this role, he conducted investigations, assembled juries for courts martial, and advised his commander on criminal justice matters. Damian was twice selected to serve as his unit’s liaison to the Japanese government and self-defense forces. Damian later worked as a transactional attorney in New York, where he handled commercial real estate, finance, and restructuring matters. He has also participated in insider trading investigations at the SEC, worked on compliance at a private equity firm, and managed legal operations and special projects at a vertically integrated cannabis company in New Mexico. Damian draws on these diverse experiences to provide his clients with creative solutions to thorny legal issues – from negotiating commercial leases to managing complex securities offerings. In addition to practicing law, Damian volunteers as a research assistant at the University of New Mexico Medical School’s McCormick Lab – studying the microbiology of longevity and aging. When not working, he enjoys spending time with his two pit bulls and pursuing his passions for foreign languages, art, philosophy, and fitness. Damian resides in Albuquerque, New Mexico.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,857 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Medical Lawyers
MEDICAL MALPRACTICE LAWYERS BY CITY
See All Medical Malpractice Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,857 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city