{"id":1524,"date":"2012-03-05T18:16:38","date_gmt":"2012-03-05T18:16:38","guid":{"rendered":"http:\/\/dev.boughlawfirm.com\/?page_id=1524"},"modified":"2019-06-04T16:29:18","modified_gmt":"2019-06-04T16:29:18","slug":"medical-malpractice","status":"publish","type":"page","link":"https:\/\/heathinjurylaw.com\/practice-areas\/medical-malpractice","title":{"rendered":"Medical Malpractice"},"content":{"rendered":"

When a doctor or other health care professional causes injury rather than cures it, you have the basis for a medical malpractice lawsuit. Just because a patient gets sicker or dies, however, is not by definition malpractice. Medical malpractice laws do not punish providers simply because a condition is untreatable, unavoidable, or because a patient did not respond to treatment as hoped. If a provider acts with reasonable care and skill, typically there is not a case for medical malpractice, even if the outcome is unfortunate.<\/p>\n

However, if there has been a deviation\u2014either an act or failure to act \u2014 from established medical procedure, then you will need an experienced medical malpractice attorney to lead the process of gathering, interpreting, and conveying complex medical evidence to a judge and jury.<\/p>\n

What is Medical Malpractice?<\/h3>\n

Medical malpractice can happen under a variety of circumstances, such as:<\/p>\n

Doctor negligence <\/strong><\/p>\n

Failure to provide a level of care that a similarly-skilled and educated doctor would provide in similar circumstances. A trial will seek to establish a standard of care in the situation, then prove that the doctor deviated from, or failed to rise to, that standard.<\/p>\n

Recklessness<\/strong><\/p>\n

Although rare, a doctor\u2019s action or inaction may be considered reckless. Performing surgery under the influence of alcohol, or administering damaging or lethal doses of medication against recommended prescribing practices would be examples of recklessness.<\/p>\n

Failure to diagnose<\/strong><\/p>\n

Doctors have a duty to determine the sickness or illness of their patients so that appropriate care can be provided. When they fail to properly diagnose a patient, there may be a case for medical malpractice.<\/p>\n

Failure to advise<\/strong><\/p>\n

Doctors have a duty to inform their patients of the risks of the treatments they are recommending\/performing. When they do not advise their patient of risks, especially if the risk is high or life-threatening, this may meet the criteria for medial malpractice.<\/p>\n

Experience Counts, Especially in Medical Malpractice Cases<\/h3>\n

Proving malpractice can be difficult, especially when the victim must depend on the doctor or hospital\u2019s own records, which are likely skewed in favor of their own defense. You will need a lawyer who is skilled at obtaining and dealing with complex medical evidence. The attorneys at Heath Injury Law LLC have handled many different types of medical malpractice claims, including:<\/p>\n