Personal Injury Lawyer
If a doctor or other medical professional does not perform his or her medical duties competently and injures a patient, the patient may sue for medical malpractice. Each state has different rules surrounding medical malpractice lawsuits, including how long a plaintiff has to bring their claim, so you should be sure to check the laws in your state if you are considering suing for medical malpractice. A local personal injury lawyer can help you understand how the local state laws relate to your case. However, as explained by our friends at Eglet Law, there are some general medical malpractice rules that will apply in every state.
Elements of a Medical Malpractice Claim
A plaintiff in a medical malpractice suit must prove that they had a doctor-patient relationship with the defendant, that the doctor-defendant was negligent, that the defendant’s negligence caused their injury, and that the injury caused them to suffer specific damages.
A doctor-patient relationship is formed when a patient hires a doctor, and the doctor agrees to be hired. A plaintiff cannot sue a doctor whom they do not have a doctor-patient relationship with. For instance, you cannot sue a doctor for advice you overheard the doctor giving at a party. It is normally fairly easy to prove that a doctor-patient relationship existed, because a patient normally goes to a doctor’s office, where the doctor begins seeing and treating them. The most common scenario in which doubt arises as to whether a doctor-patient relationship has been formed is when a doctor consults with another physician who gives the doctor advice but does not treat the patient directly.
Proving the doctor was negligent requires showing that your doctor performed their medical duties in a manner that a competent doctor would not have in the same circumstances. Your doctor’s care does not have to be the absolute best possible, but it does have to rise to the level of a “reasonably skillful and careful” physician. In almost every state, the plaintiff must produce expert testimony to establish the appropriate medical standard of care and explain how the doctor-defendant did not meet that standard.
Once the plaintiff has shown that the doctor acted negligently, they will have to prove that the doctor’s negligence caused their injury. This is sometimes difficult to prove because many medical malpractice cases involve a patient that was already sick or injured. For instance, if a patient dies after surgery for advanced cancer, and the doctor did something negligent, it might be hard to prove whether the patient died from the doctor’s negligence or from the cancer. The plaintiff in a medical malpractice lawsuit usually has to show that it is “more likely than not” that the doctor’s negligence caused their injury, which often requires expert medical testimony.
Lastly, the patient’s injury must have caused specific damages. A patient cannot sue if they did not suffer any harm. Some examples of the types of specific harms patients can sue for are physical pain, mental anguish, additional medical bills, lost wages, and lost work and earning capacity.
Kristen Kochendoerfer2025-07-03 I reached out to this law firm after a work-related injury and was fortunate to speak with Dave. He was incredibly kind and helpful-he took the time to walk me through what I was dealing with and explained things clearly. Although his firm doesn’t handle cases exactly like mine, he didn’t just send me away. Instead, he connected me with trusted firms and resources that could help. It genuinely felt like talking to a family member who cared and wanted to make sure I was in good hands. I’m so grateful for the guidance and support. Bram Stockbauer2025-06-18 I recently had a phone consultation with Mr. Kulwicki to cover a few questions I had related to medical malpractice cases. He provided very thoughtful and informative responses that demonstrated domain expertise, and didn't even require a fee. I would definitely recommend working with him if you ever find yourself in a position where a medical malpractice lawyer is needed. River Condict2025-06-11 I recently had a consultation with David Kulwicki about a possible medical malpractice case for a family member who was just diagnosed with stage 4 terminal prostate cancer. From the start, David was kind, calm, and very easy to understand. He didn’t use complicated legal terms or talk over my head. He explained everything clearly, answered all my questions, and made sure I understood what the process could look like. There was no pressure and I never felt dismissed. He walked me through what the standard of care SHOULD have been when it comes to prostate screening, and helped me understand how this situation might meet the criteria for a potential malpractice claim. I also appreciated that his firm has nurses on staff to review the case based on the medical records. This is such a heavy, emotional situation for my entire family, but talking to David gave me clarity and a sense of direction. I’ll be sharing everything I learned with my loved ones, and I’m really grateful for the time, care, and honesty David gave me during our consultation. Thank you, truly. Taylor Thompson2025-06-11 Mr. Kulwicki answered my questions and was very helpful. I will certainly reach out to him again if needed. Heather Kelly2025-06-11 Mr. Kulwicki answered my questions in detail and was extremely knowledgeable. I greatly appreciate his advice and help! I will definitely seek his help in the future, if needed! Winnie Ma Drayer2025-06-10 I came across Mr. Kulwicki's law practice website for some personal matters. After reviewing his website, I decided to reach out to him for some questions. I did not expect an attorney will get back with me with some good information without asking for a fee first. But Mr. Kulwicki got me to within a week with some good information. He was very friendly and sincere and took the time to explain to me about a potential medical malpractice case. Highly recommended! Zihan Chowdhury2025-06-10 I recently listened to a message from Mr. David Kulwicki and I am very impressed. He spoke clearly, confidently and came across as precessional and thoughtful. Even without a direct consultation, his explanation felt genuine and informative. It gave me a sense of trust in his expertise and the way he communicates with potential clients. Marilyn. D. Boyer-Wilder2025-05-29 I had inquired about a case and Attorney Kulwicki was referred to me. He called me right back just like they said he would. He throughly answered my questions, looked over my information and gave me a just answer. I was satisfied with his finding and I would definitely recommend Mishkind Kulwicki Law. Valerie Eve2025-05-17 Mishkind Kulwicki provided insightful direction to take with the inquiries I had! Stef Elizabeth2025-05-05 Mr. Kulwicki is a professional and courteous medical malpractice lawyer who always take the time to explain legal term to those who are new to medical malpractice. His website is well-organized and it is easy to get in contact with Mr. Kulwicki. He is easy to contact, and explains legal concepts simply. He is more than an apt lawyer and also a good man. Thanks for your counsel Mr. Kulwicki!