Medical Malpractice: Elements, Tips, and Pitfalls

Explains causation, standard of care and other legal elements needed for a doctor or health care provider mistake to be medical malpractice.

September 12, 2013

What is a Medical Malpractice Lawsuit?
A young child is brought by her concerned parents to a doctor because of a lump that has appeared. The parents are reassured by the doctor not to worry; the lump is not cancer. Eighteen months later, the child becomes sick and is diagnosed with cancer. The lump turned out to be cancer that has now spread. The child dies two years later despite extensive treatment. What, if any, recourse does the family have for the death of their beloved daughter? Sue for medical malpractice.

Reprinted with permission from The Hennepin Lawyer

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Disclaimer

Peter A. Schmit

Partner

Chair, National Personal Injury, Medical Malpractice, and Civil Rights Group

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