What happens when a doctor makes a mistake? Is he responsible for the injury?

To prevail in a medical malpractice claim against a physician, a patient must establish that 1) the physician owed him or her a duty, 2) that the doctor breached his or her duty to the patient by failing to conform to the acceptable standard of care, and 3) the physician's breach resulted in an injury to the patient.

Courts have held that physicians cannot be expected to guarantee success when performing medical procedures, and that even good medical treatment can result in poor outcomes. Where a physician does not deviate from accepted medical care, he or she should not be subject to liability for an honest mistake in judgment as to the course of treatment or diagnosis.

However, the Model Jury Charge states that physicians may not utilize the "exercise of medical judgment" excuse to avoid responsibility for ordinary negligence. A physician is under a duty to warn a patient of likely risks associated with a medication.

Talk to a Medical Malpractice Lawyer to get legal advice regarding your case, whether negligence is likely and what you can do to demand compensation for any injury.