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Medical Malpractice

Written by Michael S. Porter Michael S. Porter Michael S. Porter
Founder, Managing Partner

Harvard University (B.A., 1994) | Syracuse University College of Law (J.D., 1997). Four years active duty in the U.S. Army JAG Corps. Trial attorney specializing in personal injury, medical malpractice, and product liability with over $9 million in verdicts from 2011-2014. and Reviewed by Eric C. Nordby Eric C. Nordby Eric C. Nordby
Co-Founder, Partner

Cornell University (B.A., 1987) | University at Buffalo School of Law (J.D., 1992, honors). Nearly three decades of litigation expertise in serious personal injury and wrongful death matters. President of Northern District of New York Federal Court Bar Association.

Medical malpractice is professional negligence by a healthcare provider (physician, nurse, or hospital) where the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient. Legally, proving medical malpractice requires demonstrating that there was a duty of care, a breach of that duty, causation (the breach directly caused the injury), and damages (actual harm resulted). In birth injury cases, malpractice may involve failure to monitor fetal distress, delayed cesarean delivery, or improper use of delivery instruments.

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