Unsure if You Have a Medical Malpractice Claim? Here’s What You Need to Know
Not every bad medical outcome is the result of malpractice—but when a preventable mistake causes serious harm, you have the right to ask questions. If you’re unsure whether your injury or condition was caused by medical negligence, you’re not alone. Many victims hesitate to speak up, even when they have a valid case.
At CatastrophicallyInjured.com, we help patients and families understand whether what happened to them qualifies as medical malpractice—and what steps they should take next.
What Is Medical Malpractice? (Quick Reminder)
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, surgeon, or hospital—fails to provide care that meets the accepted standard, and that failure directly causes injury or harm.
To prove a malpractice claim, four elements must usually be present:
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A provider-patient relationship
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A breach of the medical standard of care
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A direct link between the breach and your injury
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Documented damages (physical, emotional, or financial)
5 Steps to Take If You Think You Might Have a Claim
If you’re unsure whether what happened to you counts as malpractice, here’s what we recommend:
1. Trust Your Instincts
If something feels off—whether it’s an unexpected result, a delayed diagnosis, or a lack of answers—you’re not overreacting. Malpractice often begins with something that just doesn’t seem right. Take your gut feeling seriously.
2. Start Documenting Everything
Write down every detail you remember: dates, symptoms, conversations with doctors, medications prescribed, and any strange behavior from medical staff. If you haven’t already, request copies of your full medical records. These will be critical in evaluating your claim.
3. Get a Second Medical Opinion
Another qualified provider can review your case with a fresh perspective and possibly spot errors that your original provider missed. A second opinion can be the first sign that your care didn’t meet accepted standards.
4. Don’t Wait—Timing Matters
There’s a limited window to file a malpractice lawsuit, known as the statute of limitations. In Pennsylvania, for example, you typically have two years from the date you knew (or should have known) the injury was caused by medical negligence.
Waiting too long can destroy your ability to recover damages—even if your case is valid.
5. Talk to a Medical Malpractice Attorney
This is the most important step. An experienced attorney can review your medical records, consult experts, and determine whether you have a viable case. Most malpractice lawyers (including our partners) offer free consultations, so there’s no risk in reaching out.
Why So Many People Don’t Realize They Have a Case
Medical malpractice is often hidden under layers of complexity. Providers may not tell you when they’ve made a mistake, and hospitals have legal teams working to protect their interests. That’s why it’s so important to have someone advocating for you.
You don’t need to be 100% sure malpractice occurred—that’s your attorney’s job to investigate. What you do need is the courage to speak up, ask questions, and protect your rights.
Common Signs You Might Have a Malpractice Case
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Your diagnosis changed dramatically after a second opinion
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You were treated for the wrong condition or given the wrong medication
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Surgery resulted in unexpected complications or new injuries
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Your provider didn’t explain the risks of a procedure
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You were discharged while still experiencing serious symptoms