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October 23, 2019 | Gary Burger

What are Clear Medical Malpractice Violations?

What is a medical malpractice violation? How can you tell if a doctor has committed a medical malpractice violation? If a doctor has committed malpractice against you, what can be done about it? Do you have options? Is it your word against the doctors? What should you do? What can you do?

In this FAQ, Gary details some of the clear medical malpractice violations that doctors commit. If one of the practitioners you trust has committed a medical malpractice violation against you, you do have options. If you have any questions about this FAQ, or need to speak with one of our Personal Injury Lawyer in St. Louis about a medical malpractice claim, contact our team now at 314-542-2222 or 618-272-2222. We don't charge any fees for our consultations, and we don't require any attorneys fees unless we win your claim.

What are Clear Medical Malpractice Violations?

We represent people who are injured because doctors or medical care providers violate the rules of the road for doctors or medical providers, the standard of care, or they commit negligence, different ways to say the same thing. Doctors, and nurses, and hospitals are in the business of taking care of patients, and there are established rules and guidelines for doing so. When doctors violate those rules, and that injures someone, then they have a medical malpractice case.

Did you know that hospital errors are the third leading cause of death in the United States? Doctor errors happen, and we all like doctors, and that’s one of the reasons why medical malpractice cases are very difficult is no one wants to admit fallibility in their doctors, but doctors, and nurses, and nursing homes, and hospitals do make mistakes and do injure people, and there’s a variety of those types of claims.

So, to try to see whether or not you have a claim, the first thing you want to do is try to figure out what did the doctor do wrong. Did the doctor violate a clearly established protocol or rule that caused you damage? And if they didn’t, there’s no medical malpractice claim.

We’re very careful about the cases we take. We only take cases where there was a clear violation in the standard of care and that clearly caused damages. The causation part of it is the second and sometimes the most important part of the case. If I break my arm and I go to an ER today and they don’t diagnose it, but if I go to an ER tomorrow and they do diagnose it and treat it, I have no medical malpractice case because the one-day delay in treatment did not cause me any damage. The same is true with failure to diagnose cancer cases. If cancer isn’t diagnosed on day one but is diagnosed on day seven, then that six-day delay very likely did not decrease the chance of survival of the cancer patient, so there are those issues too.

And then you have things that happen attendant to every medical procedure like infections or other types of things. If you’re not able to say those are violations in the standard of care, then you don’t have a case. But, let’s be clear, if we have doctors who violate the standard of care for treating you and that caused you damage, then you do have a case, and that could happen in a variety of circumstances.

If you have any questions about this, call me, Gary Burger at Burger Law, 866-599-2222 toll-free, in Illinois it’s 618-272-2222, in Missouri it’s 314-542-2222, and you can email me at Thank you.