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Who Qualify for a Medical Malpractice Lawsuit?

Remaining healthy and safe during medical procedures is a responsibility shared by both doctors and patients. Unfortunately, mistakes in the healthcare setting are all too common, leading to substandard care that can have devastating consequences on a patient’s health. If you’ve suffered a serious injury due to malpractice, understanding what qualifies you to file this type of lawsuit can help you determine your next steps. The experienced medical malpractice attorneys at Kogan & DiSalvo in Stuart, FL have provided an overview of the key criteria that must be met to qualify for a medical malpractice lawsuit.

Determining Liability

Liability in the medical field depends on several factors, including the severity and nature of the injury, whether it could have been prevented, and whether there were any indications that the injury may happen. In most cases, it occurs when there is a deviation from the accepted standard of care that results in injury to the patient. As a result, you’ll have to show that there was a breach of care and that this breach caused you harm.

Medical Expert Testimony

To prove malpractice, you will likely need expert testimony from another healthcare professional who can attest to the accepted level of care in your particular situation. This witness will typically be called an expert witness for the defense and will be qualified by the court to provide testimony on behalf of your case. For instance, if a loved one suffered severe harm due to a medical error, which led to permanent disability or death, your case may be strong enough to qualify for poor medical practices. Additionally, you may also qualify if the injury could have been prevented by following the proper procedure of care. If there were no warning signs or indications that this type of outcome may occur, this can further support your case.

Establishing Causation

Once you’ve established that your injuries were caused by poor medical practices, you will need to prove that these injuries resulted in specific damages. This can include financial losses such as lost wages, additional medical costs related to the treatment of the injury, and pain and suffering. Another key factor in determining whether you qualify for such a lawsuit is the statute of limitations in your state. This is a time limit that will determine whether you can file a claim at all, so it’s crucial to understand and adhere to the regulations that apply in your area. It’s therefore recommended that you contact an experienced attorney as soon as you’ve suffered medical injuries that may be due to malpractice. They will help determine whether your case meets the necessary criteria and can provide guidance throughout the process of filing a claim.


If you have suffered a serious injury due to medical malpractice, it’s important to understand whether your case qualifies for such a lawsuit. To do so, you will need to demonstrate that there has been a deviation from the standard of care and that this breach resulted in injury or damages. You may also need expert testimony from another healthcare professional, to prove your case.

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