What is medical malpractice?
Medical malpractice is negligence committed by a health care provider whose treatment and/or diagnosis is below the standard of care a patient is owed by careful and reputable health care providers with similar training and experience, resulting in harm to the patient.
Who are health care providers?
Health care providers include any persons and/or institutions involved in the care, treatment and diagnosing of medical ailments. The definition includes medical doctors, osteopaths, chiropractors, psychiatrist, podiatrist, optometrists, nurses, physician assistants, physical therapists, midwives and any medical institution such as hospitals, clinics and HMO’s.
What is medical standard of care?
The standard of care that a health care provider must achieve is that degree of learning and skill ordinarily used under similar circumstances of the profession.
Are all bad results from medical providers medical malpractice?
No. All unsuccessful medical results or unexpected difficulties do not necessarily mean that medical negligence took place. You only have a valid cause of action for medical malpractice if it can be proven that damages that occurred resulted from the medical provider’s deviation from the standard of care applicable to the procedure or treatment in your case.
Should I hire an attorney to handle my medical malpractice case?
It is important to call an experienced attorney who is qualified to handle these claims since most cases involve complex medical issues. Further, an experienced attorney will know the rules and regulations pertaining to your case as well as the applicable statute of limitations that may apply to your case relative to when to bring the action.
If I have signed a consent form prior to the medical procedure, do I still have the right to bring a malpractice claim?
Yes. Despite the fact that you signed a valid consent form, does not in and of itself release a medical provider who performed a procedure negligently, from liability. If you prove that the medical provider deviated from the standard of care applicable to your case, and as a direct result of that deviation you were harmed, you have a valid medical malpractice claim.
Are expert witnesses necessary in medical malpractice cases?
Yes. Unless the harm that occurred to you is understood by all lay persons as being negligent (for example, a sponge is left in your body) it is necessary to have an expert witness who has the specialized knowledge and experience in the field of medicine at issue in order to be successful in a medical malpractice claim. The expert witness will testify as to what the applicable standard of care is as well as whether or not there was a deviation from the standard of care and an expert witness will also testify as to causation, meaning whether or not the deviation from the standard of care resulted in harm to the patient.
Does it cost me anything to have a medical malpractice case reviewed?
We do not charge you any fees to have your case evaluated to determine if you have a medical malpractice claim. Our counsel fee is based totally on a contingency basis, meaning that we will be paid a percentage of the recovery amount in the event of a judgment or settlement in your favor. Depending on the type of case, our firm will also pay the case development expenses such as expert fees, deposition costs etc. with the agreement that those costs will be reimbursed to our firm in the event of a successful resolution of your case.