What You Need to Know About Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the recognized “standard of care” for his or her profession in the treatment of a patient. For example, this may include an OB/GYN who fails to perform a cesarean section on time, resulting in harm to the mother or infant. A doctor incorrectly diagnosing a patient, prescribing the wrong medication, or making a surgical error are other examples of potential malpractice. Medical malpractice is also referred to as medical negligence.
While we put our faith and trust in our healthcare providers, unfortunately not all medical professionals exhibit the expertise, skill, and responsibility that we expect. As a result, medical malpractice is all too common. According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer. Also troubling is how difficult medical negligence can be to prove—it’s very challenging to demonstrate to a jury that a health care provider acted unreasonably.
While the rules and statutes guiding malpractice cases vary from state to state, these cases share a set of common factors:
- A medical professional, such as a doctor, anesthesiologist, or nurse, violated the standard of care
- The patient suffered a serious injury, or died, as a result of the medical professional’s error
- There are significant damages involved, such as permanent injury and financial losses
Keep in mind that experiencing a bad outcome isn’t always proof of medical negligence.
Within the realm of personal injury law, medical malpractice law seeks to hold doctors, hospitals, nurses, and other medical professionals accountable for their errors in or omission of care.
Are you a victim of medical malpractice?
If you think you have been adversely impacted by negligent care, contact a seasoned malpractice attorney. A thorough review of the case details, including your medical records and interviews with you and your family members, should be conducted by the attorney to determine whether the case is actionable.
Because procedural requirements vary state to state, it’s always best to seek guidance from an attorney licensed in the state where the alleged malpractice occurred. An effective medical malpractice lawyer can help you recover damages such as lost wages and/or past and future medical expenses. They can also help you pursue compensation for the pain and suffering associated with your ordeal.
Our attorneys at Diez-Arguelles & Tejedor are experienced in pursuing medical malpractice cases. We diligently review evidence, including lab tests and important medical records, and we partner with experienced and credentialed medical professionals who serve as our consulting experts. As a result, our team has recovered more than $50 million for our clients in medical malpractice claims alone. If you or a loved one is the victim of medical malpractice there is a legal deadline for filing these lawsuits. Call us now, toll free, at 407-705-2880. The confidential consultation is free.