Medical Malpractice

Medical Malpractice and/or Negligence

medical malpracticeWhat is medical malpractice? Doctors, Nurses and other medical professionals are responsible to uphold the highest level of care possible. When they fail to perform to the expected standards, it can result in sub-par treatment to the patient. This can come in the form of procedural mistakes, negligence, carelessness or incompetence in their respective field of medicine. Approximately 100,000 American people die from medical mistakes every year, according to the National Academy of Sciences. Also, hundreds of thousands of people are injured.

In order to determine whether or not a medical professional has met the standard of care, a comparison would have to be made between professionals in the same field and geographical location. The question to present, would be, would other doctors in this region have acted in the same way as your doctor did in the same circumstances?

The answer to this question is paramount in medical malpractice lawsuit cases. For this reason, these lawsuits rely on expert witnesses who can explain to a jury whether or not your doctor acted in accordance with other competent medical professionals in your region.

Medical malpractice is a complex area of practice for hospital malpractice attorneys. The appropriate legal knowledge is necessary to pursue a legal claim, as well as knowledge of the medicine involved and they must have the ability to retain the appropriate experts needed to determine that medical negligence took place.

Not every bad outcome of treatment is the result of medical malpractice. Generally, medicine is considered an art, rather than an exact science. Therefore, medical professionals receive some leeeway regarding patient treatment. However, medical malpractice exists every day. The care some patients receive is substandard. In these cases, injury or death results. Proper care according to the standards of the law, would otherwise prevent these situations.

Here are a few examples:


  • Treatment errors: Several doctors and health professionals make errors when providing treatment to patients.  Improperly administered medication would be an example of this. Another example would include a botched surgery resulting in worse results than before the surgery. There are no guarantees that patients health issues will improve. However, if the issues worsen due to incompetent medical care, medical malpractice may be the reason. In this case, the patient has the right to hold the medical provider accountable.
  • Diagnosis Errors: Sometimes doctors fail to make a correct diagnosis. Sometimes, doctors fail to make a diagnosis in a timely manner. Sometimes, doctors fail to make a diagnoses at all. It is the responsibility of the medical professional to properly diagnose their patients. When doctors fail to make a proper diagnoses, treatment can be delayed or never given at all. When this occurs, medical malpractice may be involved.
  • Consent Issues: Patients must be informed about treatment options by law. Furthermore, the law requires the patients consent to their treatment options. There are three ways that may occur in violation and result in medical malpractice. First, a doctor may act against a patients wishes. Next, a patient may not even be aware of all of their options for treatment. Finally, a patient may not understand the details of their treatment before consenting.

If you suspect you or a loved one has been the victim of medical malpractice, seek help immediately. It is important that patients that were victims of medical malpractice act quickly. You may be unsure if you have a legitimate case, but I can help you understand your options. CALL NOW: 404-522-3108