Medical Negligence Attorney Questions
What is “medical negligence?”
Simply put, medical negligence is when a medical provider or facility makes a mistake that causes injury or death. It can also be described as any treatment, lack of treatment, or other deviation from the accepted standards of medical care, health care, or safety that causes harm to a patient. Medical malpractice can include anything from misdiagnosis and improper treatment to failure to treat and failure to perform sufficient follow-up appointments. Prescription of medication errors also falls into the category of medical malpractice.
What types of medical mistakes do practitioners typically make?
Many mistakes by medical practitioners fall into one of several categories:
- They failed to perform the operation properly and/or safely
- They did not anticipate a problem (which they should have)
- They did not make a correct diagnosis
- They failed to obtain permission before operating
In determining whether a medical practitioner made a mistake, the court will consider what a reasonable, careful medical practitioner would have done in the same situation. If the medical practitioner did not meet that standard of care, they can and should be found negligent.
Who do I sue?
Malpractice suits are brought primarily against physicians and hospitals and other medical facilities. Physicians and hospitals are responsible for the mistakes their nurses and other medical assistants make that cause injury to patients. A doctor must rely on the nurses and other employees of the hospital to properly perform their duties. If a doctor gives proper instructions to a nurse, the nurse in her capacity as a hospital employee would be held liable. If the staff is not competent and/or the equipment is not maintained on a regular basis, these can create liability for a medical facility.
What do I need to prove in order to be paid damages for my medical malpractice injury?
Liability—that a medical practitioner was negligent or did not do what a “reasonable doctor” would have done in the same situation. This is done by the testimony of expert witnesses, and is one of the most difficult things to prove, as one doctor must testify against another.
Damages—you must prove what kind of damage you have suffered and how much you have lost. This is often done through medical reports, expert reports, projections for lost income, etc.
Causation—you must prove that the damage you suffered was caused by the medical practitioner’s negligence.
For what can I recover damages?
There are several categories of damages which you can claim for, including all medical costs, loss of past and future wages, costs of future care, pain and suffering and legal fees.
If you or somebody you love has been the victim of medical malpractice, you are facing a difficult time. Since 1957, Gregory & Swapp has been fighting so that victims can receive the compensation they deserve. Our devoted staff can help you recover the damages to get your life back on track. Please contact our office today for a free consultation. One call, that’s all.
Don’t see your question? Contact us and we’ll reply and post your question and answer on our site.
