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When a person hears “medical malpractice,” it normally means it covers a wide selection of mistakes, omissions, and errors in the industry of medical and health care. Malpractice may be charged with a myriad of actions – intentional or otherwise. In the legal industry, malpractices are generally known as torts. Unintentional torts are defined as actions by medical practitioners who did not intend to cause impairment or harm. In this article, you will learn more about medical malpractice.


Dana C. McWay wrote a book called “Legal Aspects of Health Information Management,” and according to her, negligence is one of the most frequent charges filed against medical doctors or surgeons. Negligence is frequently considered as a non-intentional result of medical errors, such as medication errors, adverse reactions to medications, and misdiagnosis.

Breach of Duty

Another common accusation that one can find in regards to malpractice suits is medical misconduct. As medical practitioners, they are obligated to offer basic standards of care for patients, and failure to do so can lead to these medical practitioners being charged with breach of duty. A few examples of this malpractice may include scenarios where the medical practitioner may have misdiagnosed or delayed the diagnosis, or the diagnosis is faulty, or a diagnosis has led to inadequate care of a particular patient.


Damages that are caused by medication errors are rather frequent among malpractice suits. When a drug is wrongly administered or a wrong dosage is given, it can result in physical damage to the patients. When it comes to drugs, medical practitioners or providers are bound to the Five Patient Rights of Effective Care – right patient, right drug, right dose, right route, and right time. If a medical practitioner or provider fails to adhere to these standards, it may cause accusations of negligence by the patients.

Direct Cause

A patient is able to win the lawsuit if he or she shows an injury that would not have been attained if the medical practitioner did not neglect his or her patient. For instance, a patient may need a surgery to repair his or her left leg, but due to negligence, the medical practitioner may have performed the surgery on the other leg. This can lead to a malpractice lawsuit, and with enough evidence, the patient may win the case.

If you are a medical practitioner, it is imperative that you carry out your duty as thoroughly as possible to avoid any lawsuits from your patients. It is highly recommended that you hire a good lawyer to represent you in court, should you have any lawsuit filed against you. On the other hand, if you are a patient or you have a loved one that was mishandled in the hospital, it is best that you consult a reputable attorney to help you file a lawsuit. Whether you are the patient or the medical doctor, it is advisable that you conduct as much research as you can in regards to malpractices and lawyers who are able to help you.
DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Malman Law shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. For more information read our full disclaimer.

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  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

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  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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