Medical malpractice occurs when a medical professional or healthcare provider deviates from the recognized “standard of care” when treating a patient. This “standard of care” is defined as what a reasonably prudent medical professional would or would not have done under the same or similar circumstances. In essence, failure to follow the “standard of care” is negligence. A medical professional or healthcare provider is negligent when treatment provided to the patient is substandard and as a result, caused undo harm, injury or death to the patient.
- Misdiagnosis / Delayed Diagnosis
- Failure to Diagnose
- Surgical Errors
- Anesthesia Errors
- Improper / Substandard Treatment
- Emergency Room Errors
- Birth Injuries /Defects
- Medication Errors
Types of Medical Malpractice
In most cases, medical malpractice by a medical professional involves a medical error in diagnosis, medication (type & dosage), health management, treatment, and/or aftercare. Additionally, the failure to treat (omission) is also negligent.
Do I have Grounds for a Medical Malpractice Case?
A medical malpractice claim exists if a provider’s negligence in diagnosis or treatment causes injury or damages to a patient. However, experiencing a bad outcome isn’t always proof of negligence. A skilled medical malpractice lawyer can review your case and let you know if your injuries were caused by negligence. There are several key areas that need to be addressed:
- Did the medical professional or medical establishment have a legal duty to provide competent medical care and treatment to the patient?
- Was there a breach in this legal obligation to provide care and treatment?
- Did the medical professional or establishment perform duties according to generally accepted “standard of care” medical practices.
Why Should I Sue for Medical Malpractice?
There are many extraordinary medical professionals in practice today that take pride in their profession and take their oaths as medical professional seriously. Unfortunately, there are those in the profession that do not adhere to these principles. The Institute of Medicine of the National Academy of Sciences estimates that approximately 98,000 people die from injuries related to medical negligence every year. Many others suffer lifelong disabilities as a result of their malpractice-related injuries.
The main reasons medical malpractice lawyers encourage patients and their families who have been victims of medical mistakes to seek legal action against medical establishments is twofold:
- To compensate you and/or your family for the sometimes life-altering effects of medical negligence.
- To serve as a deterrent and protect other patients from falling to a similar fate.
You deserve quality care from medical professionals and the threat of legal action is a huge incentive for medical establishments and medical professionals to improve their standard of care for patients and, if necessary, correct mistakes before they become serious.
If we can help answer any questions, feel free to contact us and we will be more than happy to sit down with you and your family to discuss your options.