How Do I Know if I am the Victim of Medical Malpractice?

Posted on May 26, 2026

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, hospital, or other healthcare provider fails to meet the accepted standard of care and causes harm to a patient. While not every negative medical outcome qualifies as malpractice, preventable errors or negligence that result in injury may give rise to a legal claim.

What Legally Counts as Medical Malpractice?

To prove medical malpractice, multiple elements must typically be established:

• Breach of accepted standards of care: The provider or multiple providers deviated from accepted standards of medical care (i.e. what a reasonably competent medical provider would do under the same or similar circumstances)
• Causation: The deviation from the standard of care significantly increased the risk of harm, and said increased risk was a substantial factor in the injury sustained
• Damages: You suffered harm, such as additional medical expenses, lost income or earning capacity, and/or pain and suffering

Signs You May Be a Victim of Medical Malpractice

It is not always immediately clear when malpractice has occurred, but certain warning signs may indicate a problem:

• Your condition worsens after treatment instead of improving
• You receive conflicting diagnoses from different doctors
• A provider ignores or dismisses serious symptoms
• You experience unexpected complications after a routine procedure
• There is poor communication or a lack of follow-up care

These signs do not automatically mean malpractice occurred, but they may warrant further investigation.

Lack of Informed Consent

Patients have the right to understand the risks, benefits, and alternatives of a medical procedure before agreeing to treatment. If a provider fails to properly inform a patient and harm results, it may constitute medical malpractice.

For example, performing a procedure without fully explaining significant risks or alternative options may lead to liability if complications arise.

How Do You Know If You Have a Malpractice Case?

Determining whether you have a medical malpractice case depends on whether your injury could have been prevented with proper care. Even if a mistake occurred, a valid claim requires proof that the provider’s negligence directly caused permanent harm.

Medical malpractice cases often involve reviewing medical records and consulting experts to determine whether there were deviations from the standard of care.

What to Do If You Suspect Medical Malpractice

If you believe you may be a victim of medical malpractice, taking the following steps can help protect your rights:

• Request copies of your medical records
• Seek a second medical opinion
• Document your symptoms and timeline
• Keep records of bills and communications
• Avoid discussing your situation publicly and/or posting online about your medical care, doctors, or pending legal investigations

These steps can help clarify what happened and support any potential legal claim that may arise therefrom.

If you believe you may be a victim of medical malpractice in the Philadelphia area or New Jersey, speaking with an experienced attorney can help you understand your options. Weiss & Paarz can evaluate your situation and determine whether you have a valid malpractice case they can help with. Contact the firm today for a free consultation.