Medical malpractice lawsuits are complex, and the elements of proof are difficult for individuals to establish.
To bring a successful medical malpractice claim, an individual must establish that there was a doctor-patient relationship, the doctor provided substandard care, the doctor’s negligent care caused the patient’s injury, and the injury resulted in significant harm to the patient.
The most common causes of medical malpractice are; misdiagnosis of a medical issue leading to errors in treatment, a failure to diagnose due to negligence, surgical errors, birth injuries, hospital infection, and medication and prescription errors.
The chances of winning a claim are quite small, 5% of victims of medical malpractice win cases for treatment errors and diagnostic errors. About 13% of plaintiffs win settlements for errors related to surgery and 27% are compensated for medication errors.