Malpractice – Failure to Meet the Standard of Care


As an aid in understanding the medical malpractice definition, Attorney David Austin has written the following article that touches on three aspects of medical malpractice. First, he notes some of the damages that a victim of medical negligence may suffer. Next, he shows the importance of having a lawyer. Third, he gives brief examples of what might be medical malpractice.

By David Austin

Medical facilities require healthcare professionals to adhere to the usual standard of care of their patients. Failing to do so can result in harm to the patient. This breach of duty is called malpractice. Victims of malpractice have legal rights to hold the party(s) responsible for their negligence that caused damages. These damages can include:

* Mental pain
* Financial losses due to the injury, including medical expenses and wages lost
* Loss of a loved one or loss of support (where the negligence resulted in death)

The Importance of an Experienced Attorney

Malpractice cases are very complex. Having an attorney is important because it is their job to prove that the negligence of the healthcare provider caused an injury to the victim (plaintiff). Legal, medical and financial research is required for an attorney to utilize in order to have positive outcomes.

Medical attorneys will evaluate your claim and establish whether a lawsuit is a possible option. One factor is if the claim will be filed within the statute of limitations. Every state has statute of limitations on malpractice cases. Statute of limitations means that a time limit applies to cases of Malpractice. Most of these cases range from one to three years from when the incident occurred or when it was reasonably discovered. Failing to file before the statute of limitations will forfeit the right to a lawsuit. The statute of limitations varies by state; contact a malpractice attorney to find out the laws in your state.

Medical Errors and MalPractice Cases

In the United States there are close to 98,000 deaths occurring each year. In addition, hundred of thousands of patients are injured because of medical errors. As alarming as these numbers are, malpractice cases are not as common as it seems. This is because, as noted earlier, malpractice cases are complex and expensive to take to court. Nonetheless, individuals have the right to pursue a lawsuit to recover losses due to the medical error.

Some factors that can result in a malpractice case include:

* Lab errors
* Surgical errors, as well as anesthesia mistakes
* Misdiagnosis, missed diagnosis or wrong diagnosis
* Labor and delivery mistakes resulting in injuries such as cerebral palsy and Erb’s palsy
* Medication mistakes

Doctors do not only make medical errors, nurses, pharmacists, dentists, and other healthcare professionals can make them.

Contact a Malpractice Attorney about Malpractice

If you suspect you have a malpractice case, contact a medical malpractice attorney right away. They will evaluate your case at no cost to you to determine if you have a valid claim and advise you of your legal options.

David Austin is an Attorney focused on complex injury cases. You can learn more about Mal Practice at his website http://www.burke-eisner.com.

The above information is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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