Medical malpractice occurs when doctors, nurses, aides, assistants, and other medical workers provide substandard treatment to a patient. While most doctors, nurses, and other health care providers work hard to help those in their care—preventable mistakes are often made. In fact, according to the National Academy of Sciences, approximately 98,000 Americans die from medical mistakes each year. Hundreds of thousands of others are injured annually as result of preventable mistreatment. If you or someone you know may have been hurt in this way, it is vital to be informed about your legal options by consulting a medical malpractice lawyer.
How Do you Know If You’ve Suffered Medical Malpractice?
The determination of whether a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region. Would other doctors in this part of the country have acted in the same way as your doctor did in the circumstances? Answering this question is the crux of medical malpractice lawsuits. That is why these suits rely on expert witnesses who can explain to a jury whether or not your doctor acted in accord with other competent medical professionals.
Common Forms of Medical Malpractice
Medical malpractice does not occur every time there is a bad outcome from treatment. The law generally recognizes the practice of medicine as an “art” rather than as an exact science. Therefore, some latitude is given to practitioners with respect to the manner in which they choose to address the problems of specific patients. However, the fact remains that every day patients across the country receive unacceptable care that leaves them worse than they would have been had they been given the level of care that the law demands. Some of the most common forms of medical malpractice include:
- Treatment errors: Many doctors and nurse make mistakes when providing actual treatment to patients. This includes situations where medication is improperly administered or a surgery actually makes a situation worse. Patients aren’t guaranteed that their medical issue will be resolved after treatment. However, if a situation is made worse because of mistakes by a medical professional, then the patient has a right to hold the medical provider accountable.
- Diagnosis Errors: Medical malpractice can also include situations where a doctor fails to act at all. When a patient visits a doctor complaining of certain problems, the medical professional must act appropriately to try to determine the underlying medical issue. Yet, sometimes doctors fail to diagnose a condition, delay in providing a diagnosis, or misdiagnose the condition. All of these may be examples of medical malpractice.
- Consent Issues: The law demands that patients be informed about their treatment options and to consent to that treatment. Medical malpractice may occur in violation of this requirement in one of two ways. First, a doctor may act against a patient’s direct wishes. Second, a patient may not be made fully aware of the details of their treatment before agreeing to it.
Getting Legal Help – Finding a Medical Malpractice Attorney
If you think you or a loved one might have been hurt by inadequate medical care, it is important to reach out to a legal professional to learn about your options. You may not know for sure whether you have a medical malpractice case, but the first step is visiting with an experienced legal professional, sharing your story, and learning more.
Each medical malpractice lawyer at The Rothenberg Law Firm LLP can provide the experienced legal help you need. The firm can be reached at 1-800-624-8888 or you contact us by filling out a free online case evaluation form. The initial consultation is FREE. If we agree to handle your case, there is no legal fee unless we are successful in getting you money. A lawsuit must be filed before an applicable expiration date, known as a Statute of Limitations so please call or contact us right away so that you do not lose your rights to money and other benefits.