Medical Malpractice FAQs

Trust is placed in the medical team to provide the best and most appropriate medical treatment when you or a family member gets sick or injured. However, when mistakes are made, and the desired outcome isn’t achieved, the consequences can be permanently incapacitating or even fatal. In such cases, it’s crucial to have accurate information about medical malpractice and the subsequent steps involved. It’s important to understand that each medical malpractice case is unique, and seeking advice from an experienced attorney who specializes in handling these complex cases multiple times is highly recommended.

In 2022, the National Practitioner Data Base (NPDB) reported 6,519 disciplinary actions, encompassing license revocations, suspensions, and resignations. These disciplinary actions are taken when malpractice or unethical conduct is identified during an investigation. The existence of such statistics further underscores the significance of reporting and investigating malpractice allegations in order to prevent similar incidents from recurring.

Here are some answers to the most Frequently Asked Questions (FAQs) about Medical Malpractice lawsuits.


What is a medical malpractice case?

Medical malpractice is a term used to describe healthcare provider negligence. It is unfortunately common, with patients becoming victims at various medical centers. Medical malpractice takes different forms and can lead to severe injuries or even death.

To successfully demonstrate medical malpractice:

1. Establish the existence of a doctor-patient relationship and the doctor’s duty to provide care.
2. Prove that the provided care and treatment did not meet accepted medical standards.
3. Show that the patient suffered harm as a result of the provided care.
4. Quantify the harm suffered.

By following this structure, the attorney can effectively build a case for medical malpractice.


Can I file a malpractice suit against someone who isn’t a doctor?


However, this is not always the case. In fact, other healthcare professionals can also be held liable for medical malpractice. We will discuss whether it is possible to file a malpractice suit against someone who isn’t a doctor and under which circumstances it can happen.

When it comes to medical malpractice, filing a lawsuit may not be limited to just doctors. Other healthcare professionals can also be held accountable under certain circumstances. Let’s take a look at different healthcare professionals and the instances in which they can be sued for medical malpractice:



Nurses who collaborate closely with doctors in medical care can be held liable for medical malpractice. If a nurse fails to provide proper care, resulting in patient injury, they can face a lawsuit. This can include incidents such as administering incorrect medication, inadequate patient monitoring, neglecting signs of deteriorating conditions, or disregarding doctors’ orders.


Dentists are essential in the healthcare system and responsible for providing appropriate patient care. If a dentist’s failure to provide proper care leads to patient injury, they can be sued for medical malpractice. For instance, a patient can file a lawsuit if a dentist performs a procedure incorrectly, resulting in nerve damage.


Physical Therapists

Physical therapists aid patients in recovering from injuries, surgeries, or other medical conditions. They collaborate with other healthcare professionals to offer therapy and treatment. If a physical therapist fails to provide appropriate care, resulting in patient injury, they can face a medical malpractice lawsuit. For example, a lawsuit can be filed if a physical therapist performs an exercise that harms the patient.



Pharmacists play a critical role in prescribing and dispensing medications to patients. They are responsible for ensuring that patients receive the correct medication and dosage. If a pharmacist fails to fulfill their responsibilities adequately, they can be sued for medical malpractice. For instance, if a pharmacist provides medication with the wrong dosage or fails to warn the patient about potential side effects, they may be held liable.


The most common healthcare professionals sued for medical malpractice include doctors, nurses, dentists, physical therapists, and pharmacists. However, there are others who can also be held liable for medical malpractice, such as chiropractors, optometrists, and even healthcare facilities. They can be sued if they fail to provide appropriate care, resulting in harm to the patient.

It’s important to note that medical malpractice lawsuits can extend beyond doctors. Other healthcare professionals can also be accountable if their actions or negligence result in patient harm.


Even though I signed consent forms before my procedure, can I still file a lawsuit?


When undergoing a medical procedure, the hospital or the medical practitioner will require you to sign a consent form. This document seeks to inform you of the potential risks, benefits, and alternatives of the procedure you are about to undergo. While consent forms are meant to help you make informed decisions about medical procedures, it doesn’t waive the responsibility of medical practitioners to act with reasonable care and skill. Therefore, if you suffered injury or harm due to negligence or lack of adequate care from a medical professional, you could still have grounds to file a lawsuit.


What if I didn’t follow my doctor’s instructions? Can I still file a lawsuit?


The first thing to understand is that medical malpractice cases are complex. They require extensive investigation into the medical records, procedures, and protocols that were used during your treatment. If things did not go as planned, there are many factors and circumstances that could have contributed to the outcome. One of those factors could be your failure to follow your doctor’s instructions.

However, not following instructions does not necessarily prevent you from filing a medical malpractice lawsuit. It is important to note that the medical providers, including doctors, nurses, and hospitals, have a duty to provide care that meets the standard of care expected in the medical community. If they fail to meet that standard and you suffer as a result of their negligence, you may have grounds for a medical malpractice lawsuit.

The standard of care refers to the level of care, judgment, and skill that a similarly-trained medical professional would have provided in the same or similar circumstances. If your doctor failed to provide this level of care, and it resulted in injury or harm to you, you may have a case for medical malpractice.


Is misdiagnosis considered medical malpractice?


Misdiagnosis is a complex issue that can occur for several reasons. Inadequate training, incomplete medical records, and communication breakdowns can all contribute to this problem. When a doctor misdiagnoses a patient, it can lead to delayed or inappropriate treatment, which may worsen the patient’s condition. In some cases, misdiagnosis can result in permanent injury or even death.

Proving medical malpractice claims related to misdiagnosis can be challenging. It requires establishing that the doctor deviated from the accepted standard of care. This means that the doctor did not act as a reasonable medical professional would have under similar circumstances. Expert medical testimony and a detailed examination of the patient’s medical records are typically necessary to determine this.

Ultimately, the key question in all medical malpractice cases is whether another physician would have handled the case differently. Would they have caught the misdiagnosis earlier, and would that have made a difference in the outcome?


Gallon, Takacs & Boissoneault Can Help You


Our attorneys at Gallon, Takacs & Boissoneault specialize in personal injury and medical malpractice cases. With years of experience, we offer dedicated representation to clients in Ohio and Michigan.

If you’ve been injured and need assistance, call us at 419-843-6663 or contact us online for a Free Case Evaluation. We understand the frustration and complexities that can arise from medical procedures, and we work diligently to find answers and determine liability. We are here to help.