What Is Medical Malpractice and How Do You Know If It Happened to Someone You Love?

Medical malpractice is a devastating breach of trust that can cause serious harm or even death. Lexcura Summit Medical-Legal Consulting explains what qualifies as malpractice, the warning signs, and the steps you should take if you believe your loved one has been a victim.

1. What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure directly causes injury, harm, or death to a patient. This can involve:

  • Misdiagnosis or delayed diagnosis

  • Surgical errors or wrong-site surgeries

  • Medication mistakes

  • Birth injuries to mother or child

  • Failure to obtain informed consent

  • Improper follow-up care

Not all poor outcomes are malpractice—only those where negligence or deviation from accepted medical standards can be proven.

2. Warning Signs That Malpractice May Have Occurred

If your loved one experienced:

  • A sudden, unexplained change in their condition

  • Conflicting diagnoses from different providers

  • Medical records with incomplete or altered information

  • Procedures or treatments performed without consent

  • Unusual complications from a standard procedure

…it’s important to seek further review.

3. Steps to Take if You Suspect Medical Malpractice

  • Document Everything – Keep detailed notes of symptoms, conversations, and medical visits.

  • Request Complete Medical Records – This is the foundation for any malpractice review.

  • Seek a Second Medical Opinion – To confirm whether the standard of care may have been breached.

  • Consult a Medical Malpractice Attorney – They can advise on whether your case meets the legal criteria.

  • Work with a Medical-Legal Consultant – To interpret complex records and establish whether negligence occurred.

4. How Medical-Legal Consulting Helps Malpractice Cases

At Lexcura Summit Medical-Legal Consulting, we:

  • Review and analyze medical records for deviations from the standard of care

  • Create detailed chronologies to map out events and decision points clearly

  • Identify expert witnesses for testimony on causation and negligence

  • Support attorneys with well-documented evidence that strengthens the case

Best Practices: Responding to Suspected Medical Malpractice

Step Why It Matters
Obtain Medical Records Quickly Ensures critical evidence is preserved before it can be altered or lost.
Document Conversations with Providers Provides a timeline of events and statements that may indicate negligence.
Get an Independent Medical Review Helps confirm if care fell below the accepted standard.
Engage Legal Counsel Early Ensures legal deadlines are met and the right evidence is collected.
Use a Medical-Legal Consultant Provides the medical expertise needed to translate complex records into compelling legal evidence.

Bottom Line

Medical malpractice cases are complex, requiring both legal and medical expertise. If you suspect your loved one was harmed by substandard care, acting quickly and working with experienced professionals is essential.

At Lexcura Summit Medical-Legal Consulting, we help attorneys and families uncover the truth, analyze medical evidence, and present cases with clarity and precision.

Next
Next

When a Loved One Dies in an Accident That Wasn’t Their Fault: Is It Wrongful Death?