To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including: A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the
provider failed to fully explain the risks before proceeding A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake A patient is informed by their health care provider or hospital that a mistake was made