Medical Malpractice
Medical errors represent one of the highest causes of death in the United States and should receive much more attention than they do. Systemic weaknesses in the healthcare system and individual negligence can cause serious injuries or even wrongful death among patients. Even highly trained medical professionals can be careless, or worse, they may fail to uphold the “standard of care” that is expected of those in their position.
Determining If You Have a Claim
Medical malpractice is the negligent action of a healthcare professional that results in injury to the patient. These can be actual mistakes, poor communication with the patient, or just failure to provide a reasonable standard of care.
To evaluate medical malpractice claims, a jury will consider whether a physician failed to offer the baseline standard of care. In a medical malpractice case, the patient must prove:
- There was a violation of the standard of care. This is often accomplished by relying on expert testimony and comparing your physician’s actions to guidelines or professional expectations.
- There was a “factual cause.” In other words, you must be able to link the violation of the standard of care to the injuries suffered by the patient.
- There were clear damages. There must be concrete evidence the patient suffered losses as a result of malpractice. Losses could be anything from medical expenses to pain and suffering to a new life-altering condition.
To know for certain that you have a valid medical malpractice claim, contact us today and we will help you understand your rights and help you get what you deserve.
Types of Medical Errors
Medical errors fall into two basic categories:
- Errors of omission: This type refers to a doctor failing to provide the necessary care. For example, they may fail to provide a diagnosis in spite of clear symptoms in the patient, or completely misdiagnose the condition altogether.
- Errors of commission: This is when incorrect care is provided. Anything from a wrong prescription to a wrong-site surgery.
Healthcare professionals often require our absolute trust and confidence. If you've encountered a doctor, nurse, or other medical professional that cannot be trusted, our experienced attorneys want to help you hold them accountable.
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