Medical Malpractice & Negligence


Medical malpractice is professional negligence by act or omission by a healthcare provider in which the treatment provided falls below the standard of practice in the medical community and causes injury or death to the patient.

Did you know that medical mistakes are among the top causes of personal injury in the United States? Medical malpractice is far more common than the general public knows. The moment you step into a doctor’s office, minor emergency clinic, receive an allergy shot or are wheeled into the OR, you are surrounded by the very real possibility of medical malpractice.

You expect medical professionals, often with decades of experience, to monitor your well-being while under their care. Anesthesia, commonly prescribed medications and simple blood pressure tests are all subject to medical error. Even misreadings and drug interactions leave room for error. There is no room for error when your life is at stake. However, with an inherent trust for physicians and medical professionals, you don’t second-guess them. They are trained to dot every i and cross every t, right?

We’ve Recovered over $64,000,000 for Our Clients

Don’t be a passive victim. If you or a loved one has suffered medical malpractice, we urge you to call The Law Offices of W.T. Johnson for a free medical malpractice consultation right away. We closely investigate every action and decision taken by your health care providers to shine our own expert spotlight on negligent or egregious behavior.

Requirements for a Medical Malpractice Claim

Before you file a medical malpractice claim, you must be able to prove the following:

  • A doctor-patient relationship existed. You must be able to show that a physician-patient relationship existed before you file a claim against your doctor. This means you hired the doctor and they agreed to be hired. It isn’t difficult to prove a doctor-patient relationship if the doctor began seeing you and treated you.

  • The doctor was negligent. When a doctor has been negligent, this means they have not been reasonably skillful and careful in your diagnosis or treatment. You cannot sue a doctor simply because you are not happy with your treatment or results. You must be able to prove that the doctor caused you harm in a way that any other doctor under the same circumstances, would not have.

  • The doctor’s negligence caused your injury. Determining whether or not the doctor caused a patient harm can be difficult, considering most medical malpractice cases involve patients who are already sick or injured. A patient must be able to prove that it is more likely than not the doctor’s incompetence that caused the injury.

  • The injury led to specific damages. Even if a doctor’s performance was not up to medical standards, the patient can’t sue for medical malpractice if they did not suffer any harm. Types of harm a patient can sue for include physical pain, mental anguish, additional medical bills, and lost work or earning capacity.

Types of Medical Malpractice

There are a number of different situations that can lead to medical malpractice. The most common medical malpractice claims fall into one of these few categories.

Failure to Diagnose

If a doctor would have discovered a patient’s illness or diagnosed them in a way that would have had a better outcome for the patient than the one achieved, then the patient would have a practical medical malpractice claim.

Improper Treatment

If a doctor mistreats a patient, the patient may have a medical malpractice claim. It may also be considered medical malpractice if the doctor administers the correct treatment but does it incompetently.

Failure to Warn a Patient of Potential Risks

It’s a doctors job to notify a patient of any known risks of a procedure or course of treatment. If a properly informed patient chooses to forego a procedure, the doctor may still be liable for medical malpractice if the patient is injured in a way that the doctor should have warned could happen.

Frequently Asked Questions about Medical Malpractice

Q: Can you file a medical malpractice claim against someone other than your doctor?

A: A medical malpractice suit can be filed against any health care provider. This includes doctors, nurses, technicians, physical therapists, and optometrists.

Q: How do I know if I have a medical malpractice case?

A: A bad medical result doesn’t necessarily mean you have a medical malpractice case. Generally, you must have a medical expert testify that no reasonable medical provider would have done what your doctor did. You must also prove that the negligence of your doctor was the primary reason for the injury or death.

Q: What is medical malpractice “standard of care”?

A: State law determines how negligence is defined, but standard of care is usually determined by the medical community. The question is, whether any reasonable doctor would have done what the doctor in question did. Defining the standard of acceptable practice comes from a medical expert’s experience, medical texts, and literature and publications from groups such as the American College of Obstetricians and Gynecologists. In most cases, the standard of care the doctor was lacking must be established at trial by expert testimony.

Take Action Now

Many states have a statute of limitations on medical malpractice claims. Don’t lose your opportunity to recover compensation or restitution. You need hard facts about restitution for loss of work, loss of enjoyment of life, stress, affected relationships and more.

Our Attorneys are Experts in Medical Malpractice

We are ready, willing and able to help you receive your due for the medical mistake that disrupted your life. Unable to travel to our offices? Our attorneys will come to you to assess your claim. With more than 25 years of medical malpractice experience, we will review the details of your case.

Our 25 years of experience includes:

And much, much more.

If you’re serious about getting the compensation you deserve, you should call us today.