Medical malpractice occurs when a health care professional, through a negligent act or omission, causes injury or death to a patient.
Medical malpractice is a significant health care problem that includes surgical errors, medication errors, birth injuries, misdiagnosis of cancer and other diseases, improper emergency room care and many other medical mistakes. Medical practitioners are responsible for hundreds of thousands of patients receiving improper care every year, causing a staggering number of deaths and injuries.
Physicians are not the only health care providers responsible for medical malpractice claims. Nurses, pharmacists, hospitals, rehabilitation centers, nursing homes, and other caregivers and institutions are also subject to medical malpractice claims.
To be considered “medical malpractice” under the law, we must prove the following:
A violation of the standard of care – The law acknowledges that there are certain medical professional standards recognized as acceptable treatment under the same or similar circumstances. This level of care is known as the “standard of care.” A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. Negligence may be established if it is determined the patient received sub-standard care.
An injury was caused by the negligence – It is not sufficient to establish that a doctor was negligent or violated the standard of care. The patient must also prove that a serious injury would not have occurred in the absence of negligence. A bad outcome alone cannot establish malpractice. The patient must prove that the doctor’s negligence caused the injury. If there is an injury without negligence or the injury was not caused by negligence, there is no case.
The injury resulted in significant damages – Medical malpractice lawsuits are extremely expensive to litigate. We must show that significant damages resulted from an injury caused by medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
Gold, Khourey & Turak has successfully helped clients throughout West Virginia and Ohio with their medical malpractice claims. If you think you have a case and want to protect yourself, contact us as soon as possible so we can help. It’s easy, it’s free, and it’s worth it.
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Before you sign any documents with your insurance company or any third parties, make sure you get the opinion of an attorney. Call us at 1-800-388-2529 or fill out this form for your FREE Consultation.
Here are some examples of medical malpractice claims that we handle:
- Failure to Diagnose or Misdiagnosis
- Delay in the Diagnosis of a Serious Disease or Illness
- Misreading or Ignoring Laboratory Results
- Misreading or Ignoring X-Ray, CR scan or MRI Results
- Birth Injuries
- Unnecessary Surgery
- Surgical Errors or Wrong Site Surgery
- Improper Medication or Dosage
- Poor Follow-Up or Aftercare
- Premature Discharge
- Disregarding or Not Taking Appropriate Patient History
- Failure to Order Proper Testing
- Failure to Recognize Symptoms
Medical Malpractice FAQs
What is “medical malpractice?”
Do I have a case if I’m unhappy with the treatment I received?
How long do I have to file a medical malpractice case?
Will my attorney tell me right away if medical malpractice has occurred?
How much will it cost to have an attorney represent me in a medical malpractice case?
If I signed a consent form, have I waived my rights to pursue a claim?
Who can be held accountable for medical malpractice? What must I show to pursue a case?
- The health care provider owed a duty to the patient
- The health care provider breached that duty
- The patient suffered an injury as a result of the health care provider’s breach of duty
- If the breach of duty results in no harm to the patient, you generally have no right to recovery