"What is a 'medical malpractice' claim?"

If you were treated by a doctor or at a hospital which resulted in severe injuries you may have a claim against the doctor or hospital if the method of treatment was different than the 'good and accepted' methods used in the community, and if your injuries resulted from that treatment.

Why Should You Hire A Medical Malpractice Lawyer?

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following:

  • The health care provider owed a duty to the patient
  • The health care provider breached that duty
  • The patient suffered an injury
  • The patient's injury was a proximate cause of the health care provider's breach

A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. This is one way a Medical Malpractice Lawyer can help you.

Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (e.g. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach.

Nobody plans for errors in their medical procedures, but the reality is that they happen and you should not be left out in the cold if they do. They can lead to health complications, loss of quality of life, staggering medical bills, even long term care and you should not have to bear this burden by yourself. A qualified and experienced attorney can help you receive the compensation you deserve for your injuries or loss.

What are Examples of Common Medical Malpractice Cases?

Medical Malpractice can occur in any area of medicine in which a patient can be injured as a result of poor treatment. Victims of this negligence can contact a medical malpractice attorney, file a medical malpractice lawsuit, and seek entitled restitution. The following are common examples of areas in which medical malpractice can occur.

Anesthesia - The administration of anesthesia requires the use of sensitive techniques. Improper use of the anesthetic agents, oxygen, and other substances and equipment can result in serious physical impairment or death. It is also important to note that before anesthesia is administered, the acting anesthesiologist must check to make sure that the patient does not have any conditions that may cause complications - failure to thoroughly check for these conditions or proceeding despite them can also lead to serious injury, and are common bases for medical malpractice cases.

Burn therapy - Emergency therapy on serious burns must adequately prevent excessive injury, loss of tissue, or death; otherwise, the care providers can be held liable in a medical malpractice lawsuit.

Child delivery - Medical professionals assisting with pregnancy and childbirth have many issues to consider and with which to contend. These include Rh-incompatibility, large baby syndrome, and many other complications that can cause malformations, birth injury, cerebral palsy, or brain damage. If inattentive care has in any way caused such an outcome, the care providers may have committed medical malpractice.

Surgical Errors - Surgery on almost any organ or other structure of the body can carry risks. If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur. A medical malpractice attorney experienced in medical malpractice cases can help victims of surgical errors determine if they have a valid medical malpractice lawsuit.

Medication Issuance - Issuing insufficient amounts of medication or improper instructions in its usage can be detrimental to the patient's health.

General failure to diagnose - Injury that results from medical professionals making an incorrect diagnosis when given significant information is a typical cause of a medical malpractice lawsuit. This can occur in cases of diseases, damage to bone structure, exposure to toxic chemicals, and numerous other conditions. Failure to diagnose breast cancer can account for as much as 40 percent of medical malpractice cases.

Experimentation - Medical personnel that employ procedures or drugs that are unapproved by reputable medical organizations are at risk for medical malpractice.

General Improper Procedure - Medical professionals can make simple mistakes that can be costly to the injured. Examples include delays in treatment or failure to obtain proper consent for treatment. Victims of such carelessness should contact a medical malpractice attorney immediately after they suspect negligence has occurred so the responsible party can be held accountable for the medical malpractice lawsuit.