What is Medical Malpractice?
Medical
malpractice is where a health care professional fails to
exercise the standard of care that results in an injury.
Approximately 98,000 people die each year do to “medical
mistakes” according to the National Academy of Sciences.
Mistakes by doctors, hospitals and other health care providers
can not only lead to a wrongful death, but serious and permanent
injuries because of their failure to adhere to the standard of
care required of them.
Does a signed consent release the health care provider?
Many
physician's require a mandatory signing of a consent form. This
does not excuse or release a health care provider from their
mistakes. Here are a few of possible claims that can be brought
against a health care provider:
-
Medication errors
-
Improper diagnosis
-
Failure to diagnose
-
Failure to advise of diagnosis
-
Lack of informed consent
-
Sexual relations by a doctor with his patient
-
Medical instruments left inside
the patient after surgery·
Medical Malpractice Cases
Medical malpractice lawsuits are time consuming and expensive.
Our professionals at BELLI, WEIL, GROZBEAN & DAVIS, LLP review your
case and then if they find that you have been injured do to the
mistake of a health care provider will then seek a second
opinion from a qualified expert to verify a breach of the
standard of care before proceeding. It is this comprehensive
review that helps to insure that upon making a claim you have a
solid case.
Elements of a Medical Malpractice Lawsuit
There are several key elements to a medical malpractice lawsuit.
The first element is to determine whether or not the physician
had a "duty to the patient." In other words, did the doctor
agree to treat the patient? If the doctor did agree, then a
certain degree of competence and skill is expected. In addition,
there are instances where the physician may have a duty to
persons other than the patient. For example, a patient may
suffer an epileptic seizure that leads to an auto accident, and
the physician may be held liable for the injuries of other
parties because he or she failed to diagnose the patient's
condition.
The second element requires the presentation of expert
testimony that defines what the acceptable standard of care is
and explains how the physician did not administer the proper
care.
The
third element is known as causation - the question of
whether or not the physician's actions caused harm to the
patient. This can be determined by asking if the patient would
have been harmed in the absence of the doctor's actions. For
example, would a surgical patient have been harmed if the
surgeon had not left a medical instrument in the patient's body?
If the answer is no, then the surgeon's actions caused harm to
the patient, and thus fit the requirements for causation.
How much is it going to cost me?
In most cases our lawyers will be engaged to
handle your case on a contingency basis. This means that we only
collect legal fees if we prevail in getting you a recovery.
