The patient's injury was a proximate cause of the health care provider's breach
A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.
Medical Malpractice occurs when a health care provider fails to act reasonably based upon what would have been expected from similar health care providers under the same circumstances.
Some examples of malpractice include failing to timely diagnose a serious condition, improperly performing surgery, failing to properly monitor a patient's condition, prescribing or giving the wrong or incorrect amount of medication, and either failing to or incorrectly interpreting the results of diagnostic tests. Medical malpractice is a highly complex area of the law. Malpractice attorneys must have legal expertise combined with a great deal of medical knowledge.
Unlike most firms, we offers its clients the services of highly qualified, experienced attorneys that are very familiar with critical medical issues. This is the most important distinction that you can make in selecting a law firm to represent you in a medical malpractice case.
A unique aspect of medical malpractice is that the victim often has no idea that it has occurred. As an example, when we review past medical records of individuals who have been diagnosed with cancer, we frequently find that there were signs and symptoms, and sometimes even x-ray findings or other diagnostic studies, that should have lead to the diagnosis of cancer at a much earlier date when it could have been more successfully treated. If you or a loved one suffers an unexpected, serious complication or an unexpected diagnosis is made while under medical care, please give us a call.
We would be more than happy to provide you with our opinion as to whether or not an investigation of your treatment should be conducted.
Medical malpractice errors are responsible for 98,000 wrongful deaths each year. More people die from medical mistakes each year than from all U.S. highway deaths! Our Nationwide referral service can locate an experienced attorney near you who concentrates in Medical Malpractice Litigation. You can have your serious injury case reviewed confidentially and without obligation.
Medical malpractice mistakes invoving medication errors alone cause injuries to over 1.3 million persons annually because of errors ranging from adverse drug interactions to dispensing blunders, according to the FDA. Wrongful deaths caused by cancer misdiagnosis is increasing and hurting victims Iong term chances for survivaI despite advances made in our ability to test and screen for disease.
These and other forms of medical negligence directly involve the quality of health care you are entitled to by law. Our Network of medical malpractice attorneys have collected hundreds of millions of dollars for medical malpractice victims! We offer you a free evaluation of your potential claim.
Dec. 12, 2002: New England Journal of Medicine study shows medical errors rampant! Four of every 10 Americans and one of every three doctors say that they or their family members have been the victims of a preventable medical error, and nearly 10 percent say a family member died as a consequence, according to a national survey being published in the New England Journal of Medicine. In addition, nearly 30 percent of doctors said they had seen a serious medical error in the past year in the course of their work.
A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by State.
