Serious injuries as well as unnecessary complications arise as a result of medical malpractice. The type of malpractice varies significantly depending upon the particular specialty involved.
In general, a medical provider has the duty to use the same degree of skill and care that others in the same profession (within the particular community) would reasonably use under the same circumstances.
Malpractice cases arise as a result of mis‑diagnosis, improper choice of treatment given the condition presented, negligence in surgical procedures, prescribing improper medication as well as other forms of medical mistakes and professional departures.
A bad result standing by itself is not a basis for a malpractice action. There are accepted risks associated with given procedures, and a bad outcome alone does not provide a right to recover.
The burden of proof is upon the plaintiff’s case to establish a departure from accepted standards of care, and as a result of that specific departure the damages that flowed therefrom.
In looking into to merits of a medical malpractice matter, the attorney must consult with a doctor prior to filing the suit, and based upon the given consultation, the attorney must believe that there is a meritorious case. As a result, a review of the complete medical records is necessary in addition to an expert consultation prior to filing suit.
We hear many complaints in the medical field regarding allegations of too much exposure as a result of medical malpractice. The medical community is constantly lobbying for change to limit the right of recovery of victims of medical malpractice. However, a patient submits their body and health to the professional judgment of a doctor, and you as a patient have the right to expect at the very least, that a reasonable degree of skill and judgment will be employed in your individual care.
If you feel that you have been damaged as a result of medical malpractice, consult with an attorney without delay.
THE ABOVE PASSAGE IS NOT INTENDED TO ACT AS A SUBSTITUTE FOR LEGAL ADVISE, BUT RATHER TO PROVIDE SOME BACKGROUND OF THE COMMON ISSUES OF THIS CATEGORY OF A CLAIM. PLEASE CONTACT OUR OFFICE EITHER BY PHONE OR E‑MAIL TO OBTAIN THE LEGAL ADVICE THAT YOU ARE ENTITLED TO. THERE IS NO FEE FOR A CONSULTATION AND OUR OFFICE ONLY OBTAINS A LEGAL FEE CONTINGENT UPON RECOVERY.
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