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

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Peter A. Schmit


Chair, National Personal Injury and Medical Malpractice Group

Back to Top