DO YOU HAVE A MEDICAL MALPRACTICE CASE?

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider delivers substandard treatment that results in harm, injury, or death. This can happen through:

• Failing to diagnose or misdiagnosing a condition
• Providing the wrong treatment or medication
• Surgical mistakes
• Withholding necessary treatment
• Delivering care that falls below accepted medical standards

Not every poor outcome is malpractice, but when negligence directly causes harm, the law gives patients the right to pursue compensation.

Do You Have a Medical Malpractice Case? (4 Key Elements)

To qualify as malpractice, your situation generally must include:

1. Duty of Care – You were a patient, and the provider had a legal duty to treat you.
2. Breach of Duty – The provider failed to act as a reasonably careful provider would under similar circumstances.
3. Causation – That failure directly caused your injury, loss, or harm.
4. Damages – You suffered real consequences such as lost income, disability, medical bills, or pain and suffering.

If these four elements exist, you may have a valid claim.

Common Types of Medical Malpractice

Errors can happen in any setting—hospitals, nursing homes, surgical centers, rehabilitation clinics, or even during home health care. Some of the most frequent examples include:

• Surgical Errors – Wrong-site surgery, leaving instruments inside a patient, severed nerves, or anesthesia mistakes
• Misdiagnosis or Failure to Diagnose – Delays or errors that worsen a condition
• Birth Injuries – Harm to mother or child due to negligence during pregnancy or delivery
• Medication & Pharmacy Errors – Wrong dosage, wrong drug, or harmful drug interactions
• Hospital & Nursing Home Neglect – Bedsores, sepsis, untreated infections, malnutrition, or abuse
• Failure to Monitor or Treat – Ignoring symptoms of pneumonia, heart issues, or stroke

How to Identify if You May Have a Claim (Easy Steps)

1. Get a Second Opinion – Seek medical care from another provider right away.
2. Gather Records – Request complete medical records, test results, and imaging.
3. Document Everything – Keep notes on symptoms, dates, conversations, and treatments.
4. Track Expenses – Save bills, receipts, and proof of lost income.
5. Consult an Attorney – An experienced lawyer can review your case and determine next steps.

What Compensation Can You Recover?

Depending on your case, damages may include:

• Economic Damages
  • Past and future medical bills
  • Rehabilitation and therapy costs
  • Lost wages and reduced earning capacity
  • Funeral expenses in wrongful death cases
• Non-Economic Damages
  • Pain and suffering
  • Emotional distress or mental anguish
  • Loss of enjoyment of life
  • Disability or disfigurement
  • Loss of companionship
• Punitive Damages (rare)
  • Awarded to punish reckless or egregious behavior and deter future misconduct

How an Attorney Helps Build Your Case

Medical malpractice cases are among the most complex lawsuits because they often require expert medical testimony and a deep understanding of healthcare standards. A lawyer can:

• Review your medical records for signs of negligence
• Work with expert witnesses to establish the standard of care
• Collect evidence linking negligence to your injury
• Negotiate with hospitals and insurers
• Represent you in court if necessary

At Smolen Law, we’ve fought for victims of negligence for decades and recovered millions of dollars for clients harmed by preventable medical errors.

Frequently Asked Questions

How long do I have to file a claim?
Deadlines vary by state, typically one to three years from the injury or discovery of malpractice. Waiting too long may prevent you from filing—speak to a lawyer quickly to protect your rights.

What if the mistake wasn’t permanent?
You may still have a case if negligence caused you financial loss, pain, or additional treatment. Permanent injury is not always required.

Can I sue a hospital directly?
Yes, if hospital negligence (such as inadequate staffing, unsafe policies, or negligent employees) contributed to your harm.

What evidence do I need?
Medical records, treatment history, witness statements, and testimony from medical experts are key pieces of evidence in proving malpractice.

Why Choose Smolen Law?

Our legal team has over 70 years of combined experience fighting for injured patients and their families. From complex surgical error cases to nursing home neglect, we are dedicated to holding healthcare providers accountable and securing justice for victims.

We work on a contingency fee basis, meaning you pay nothing unless we recover money for you.