Part 1 of a series of FAQs at This video answers the question “What is medical malpractice?” It features Susan Capra, a registered nurse and Chicago medical malpractice attorney who is a partner with Clifford Law Offices (see a transcript of Susan’s answer below). If you think you may have a medical malpractice case, call us at 1 (866) 896-6896. Consulting with one of our experienced medical malpractice attorneys can provide a sound basis on whether to pursue an action in court.
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Susan’s answer:
Let’s start off by asking what is medical malpractice?
SAC: Well, medical malpractice is a cause of action for damages against a health professional or a hospital. And the vast majority of medical malpractice litigation is grounded in negligence. And the elements of a negligence case for medical malpractice are the same as the elements for any other type of negligence action. In medical malpractice, the plaintiff or the patient must prove that the doctor owed him a duty and that the doctor failed to exercise the skill or care of a reasonable doctor or breeched the duty and that damages were proximately caused by the breech of that reasonable standard. The primary difference between a medical malpractice action and a regular negligence action is that an expert usually must testify to establish liability and proximate cause in the medical malpractice context. So in a medical malpractice case, John, the plaintiff’s attorney will need to hire an expert who is a physician like the defendant doctor to review records and to determine if malpractice has occurred. If malpractice is found, that expert physician must testify that the defendant doctor committed malpractice and that the malpractice caused the plaintiff’s injury.
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