By: Darrell Castle

Medical malpractice is scary and it can happen to anyone.

We expect doctors to be perfect and not mess up, but that’s not human. Just as you make mistakes at work, doctors can too.


However, when doctors mess up, the consequences are often a lot more severe than a mistype or forgetting to mail a letter to a client. Doctors need to be held accountable. And you need justice!

That’s where a medical malpractice attorney comes into play. And here are 5 important things you need to know about medical malpractice.

1. A bad medical result is NOT necessarily medical malpractice

When talking about what medical malpractice IS, it’s important to talk about what it’s NOT.

It’s common to get a diagnosis result you don’t like or agree with. But that’s not necessarily medical malpractice.

Unfortunately, it’s also common for a doctor or nurse to be rude or mistreat you. But that’s not medical malpractice either.

Medical malpractice is negligence. It’s when a doctor acts below the standard of care. It’s when any other REASONABLE doctor would’ve acted differently. And every local area has its unique standard of care that doctors practicing in that area are expected to meet. 

2. Misdiagnosis is one of the most common types of medical malpractice

When you receive a major diagnosis – or one that you don’t feel right about – get a second opinion.

Misdiagnosis is very common. And when you’re misdiagnosed, you could miss critical treatment that would’ve either kept you alive or kept you from suffering more major damage.

My office had a case recently in which a man went into the hospital complaining of crushing chest pain and numbness in his limbs. These are classic heart attack symptoms. The doctor said it was just simple indigestion and told him to go home, take some pain and acid reliever and call him in the morning. The man went home and died of a heart attack.

If the doctor would’ve run routine heart tests, the man’s life could’ve been saved. That’s misdiagnosis and failure to run basic life saving tests. That’s medical malpractice.

3. The malpractice must cause damage to you

This point kind of goes along with the first one.

A doctor can act below the standard of care without damages being suffered. That’s not medical malpractice then and there’s no claim there.

When you file a lawsuit for medical malpractice, you’re seeking compensation for medical bills, pain, suffering and long-term economic loss. With no damages, there are no medical bills. And there’s no pain and suffering.

In addition to that, the damages should be pretty significant. Medical malpractice cases are complex and litigation costs a lot of money. At Darrell Castle & Associates, we normally advance all of the litigation costs. However, the risk needs to be worth the reward. If you’re a victim of medical malpractice – or think you are – contact an attorney for a case evaluation to see if you have a good claim.

You can rest assured that if we take your case, then it’s a good case – it has merit.

4. Doctors have insurance to cover medical malpractice

If you’re a decent person, then you may feel bad about suing your doctor. You don’t want to ruin his life. You don’t want to take all of her money.

Well, you’re not.

Like I mentioned earlier, it’s human nature to make mistakes. We all mess up in our lines of work. And when doctors mess up, the consequence can be more severe. And that’s exactly why doctors carry medical malpractice insurance.

Yes, suing a doctor for medical malpractice may put a mark on his medical career. And it may cost her some money. But you’re in no way ruining their lives.

His negligence affected your life. You deserve compensation for that. You deserve compensation for the life changes you’ve been forced to make, the medical expenses you’ve gained and the pain and suffering you’ve endured. You deserve compensation for the long-term economic loss you’ve suffered. Don’t be scared to seek that justice through the legal process.

5. Darrell Castle & Associates can help you

For decades, our team has handled medical malpractice cases of all shapes and sizes. I gave you an example above, and there are many more like it.

We’re detailed, responsive and relentless in our approach. You’re a real person with a real problem – not just a case number. We’ll treat you like a real person and fight to get you the compensation you’re entitled to.

That’s one of the many reasons we’ve received multiple Client Distinction Awards from Martindale- Hubbell for client satisfaction. You’re in good hands with us.

And don’t worry about costs. We only get paid when YOU get paid.

How to get in touch with us

Call (901) 327-1212 TODAY for a FREE case evaluation. Or you can fill out the form to the right of this page to have someone from our office contact YOU.