Medical Malpractice FAQs
2. How does a case result in medical malpractice?
3. What kind of mistakes can result in medical malpractice?
4. How do I know if I have a medical malpractice case?
5. What is the definition of a medication error?
6. How does a jury determine if a doctor's actions were within the standards of good medical practice?
6. I signed a consent form before my doctor performed surgery. What did it mean?
7. What if I'm just not satisfied with the results of my surgery? Do I have a malpractice case?
8. What is the medical malpractice standard of care?
9. My plastic surgeon made a mistake and admitted it. Do I have a malpractice case?
1. What is medical
malpractice?
Medical malpractice occurs when a health care
provider causes injury or death to a patient by
failing to act within the applicable standard of
care. In other words, a physician or other health
care provider commits medical malpractice and is
negligent when he or she fails to act reasonably
under the circumstances and the unreasonable conduct
causes harm.
2. How does a case result in
medical malpractice?
In determining whether a medical practitioner made a
mistake, the court will consider what reasonable,
prudent medical practitioners would have done in the
same situation. If the medical practitioners did not
meet that standard, they could be found negligent.
3. What kind of mistakes can result in medical malpractice?
- The medical professional(s) did not get clear permission before operating on you.
- The medical professional(s) did not diagnosis you properly.
- The medical professional(s) did not perform the operation properly.
- The medical professional(s) did not anticipate a problem which they should have.
4. How do I know if I have a
medical malpractice case?
A bad medical result does not always mean
malpractice. Generally, to win a medical malpractice
case, you must have expert medical testimony that no
reasonable health care provider would have performed
in the way that your provider did. Quality of
performance is generally determined by looking at
what is reasonable care. You must also prove through
expert testimony that the negligence of your health
care provider was a cause of injury or death. To
determine if you have a case, contact
Oshman & Mirisola, LLP today.
5. What is the definition of a
medication error?
A medication error is defined as "... any
preventable event that may cause or lead to
inappropriate medication use or patient harm, while
the medication is in the control of the health care
professional, patient, or consumer. Such events may
be related to professional practice, health care
products, procedures, and systems including:
prescribing; order communication; product labeling,
packaging and nomenclature; compounding; dispensing;
distribution; administration; education; monitoring;
and use".
6. How does a jury determine
if a doctor's actions were within the standards of
good medical practice?
A jury will consider testimony by experts, usually
other doctors, who will testify whether they believe
your physician's actions followed standard medical
practice or fell below the accepted standard of
care. In deciding whether your heart surgeon was
negligent, for example, a jury will rely on expert
testimony to determine what a competent heart
surgeon would have done under the same or similar
circumstances.
6. I signed a consent form
before my doctor performed surgery. What did it
mean?
It is common practice in hospitals for patients to
sign a form giving the doctor their consent, or
approval, to perform surgery. In the form, the
patient usually consents to the specific surgery as
well as to any other procedures that might become
necessary. Before you sign it, your doctor should
give you a full description of the surgery and the
risks involved, and the ramifications of not getting
such treatment. If you can prove that your physician
misrepresented or failed to adequately inform you of
the risks and benefits before surgery, your consent
may be invalid.
7. What if I'm just not
satisfied with the results of my surgery? Do I have
a malpractice case?
In general, there are no guarantees of medical
results. You would have to show an injury or damages
that resulted from the doctor's deviation from the
appropriate standard of care for your condition.]
8. What is the medical
malpractice standard of care?
This is the degree of care and skill that the
average qualified doctor would provide to a patient
who sought medical care for similar symptoms and
circumstances.
9. My plastic surgeon made a
mistake and admitted it. Do I have a malpractice
case?
An experienced Oshman & Mirisola, LLP medical
malpractice attorney can help you to determine if
your case has merit. Many mistakes are simply that,
but if your doctor's mistake was the result of
negligence or failure to meet the expected standard
of care, then the answer may be yes. Damages may be
recoverable for you under medical malpractice laws. Contact
us today to discuss your case.