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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.
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.
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 The Oshman Firm today.
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".
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.
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.
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.]
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.
An experienced The Oshman Firm 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.
The Oshman Firm was founded over 35 years ago on a commitment to service and excellence in all aspects of practicing law. Today, we provide the same level of service to those in need in all 50 states.
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If there is potential compensation available that could ease your financial burden and aid in your recovery, you need to seek it.
Contact the Oshman Firm today at (800) 400-8182 or by using the form on this page for a free, no-obligation consultation to discuss your case.
The plaintiff was a 12 year-old passenger in an automobile involved in a highway accident with a truck. She sustained a spinal cord injury, an L1 and L2 lumbar vertebral fracture dislocation requiring a successful posterior spine fusion and bone graft. The settlement included both a cash payment and structured annuity. This auto accident case took place in The Bronx, New York.
Pedestrian struck by motor vehicle while in cross-walk sustained a fractured ankle requiring surgical intervention.
Plaintiff was a passenger in a van when the driver of the vehicle lost control, striking a series of fixed objects, due to an improperly designed and constructed roadway. The plaintiff sustained a spinal cord injury and partial paralysis. The settlement included a satisfaction of a $1,550,000 medical lien.
