Medical Malpractice

Medical malpractice is when healthcare professionals fail to provide the standard of care expected in their field, resulting in harm to the patient. This can include actions that cause injury or the failure to take appropriate action to prevent harm. Examples of medical malpractice include:

Misdiagnosis: When a doctor incorrectly diagnoses a medical condition, leading to delayed or inappropriate treatment.

Surgical errors: Such as performing the wrong procedure, an error or miscalculation during surgery, operating on the wrong body part, or leaving surgical instruments inside the patient.

Medication errors: Including prescribing the wrong medication, incorrect dosage, or administering medication to which the patient has an allergy.

Failure to obtain informed consent: Not informing the patient about the risks and potential outcomes of a procedure or treatment.

Birth injuries: Injuries to the baby or mother during childbirth due to medical negligence.

Failure to monitor: Neglecting to monitor a patient’s condition properly, leading to complications or worsening of their health.

Nursing home neglect: When residents of nursing homes are not provided with adequate care, resulting in injury or deterioration of health.

Delayed treatment: Failing to provide timely treatment or referrals, resulting in the progression of a medical condition.

These are just a few examples of medical malpractice, but there are many other scenarios where healthcare professionals may fail to meet the standard of care, resulting in harm to the patient.

To be successful in a medical malpractice claim, several elements typically need to be proven:

Duty of care: The plaintiff (the patient or their representative) must demonstrate that the healthcare provider owed them a duty of care. This duty of care is established when there is a doctor-patient relationship, meaning the healthcare provider agreed to treat the patient.

Breach of duty: The plaintiff must show that the healthcare provider breached the duty of care owed to them. This involves demonstrating that the healthcare provider’s actions or omissions deviated from the accepted standard of care. Expert testimony from medical professionals is often used to establish what the standard of care should have been in a given situation.

Causation: The plaintiff must prove that the healthcare provider’s breach of duty directly caused harm to the patient. This requires showing that the harm would not have occurred if the healthcare provider had not deviated from the standard of care.

Damages: The plaintiff must demonstrate that they suffered damages as a result of the healthcare provider’s breach of duty and the resulting harm. Damages can include physical injuries, emotional distress, medical expenses, lost wages, and other losses.

Damages may include medical expenses, lost wages, pain and suffering, emotional distress, and punitive damages in cases of gross negligence.

The statute of limitations varies by state but typically ranges from one to two years – depending on the state – from the date of injury or discovery of the malpractice.

While you can pursue a case without legal representation, having an experienced attorney can increase your chances of success. Medical malpractice laws are complex, and attorneys can navigate the legal process on your behalf.

The process typically involves investigation, gathering evidence, filing a complaint, discovery, negotiation, and a potential trial. A qualified attorney can guide you through each step.

Many attorneys work on a contingency fee basis, meaning they only get paid if they win your case for you. The fee is typically a percentage of the recovery.

Yes, hospitals can be held liable for the negligent actions of their employees, including doctors, nurses, and staff members.  Many times, doctors are not affiliated with the hospitals where the malpractice occurred, leading to complex levels of agency disputes.

Seek medical attention, document your injuries, gather relevant medical records, and consult with a qualified attorney as soon as possible to protect your rights.

Once a doctor-patient relationship is established, the medical professional is obligated to adhere to a standard of care. To prevail in a medical malpractice case, it’s necessary to prove three key elements: (1) the medical professional breached this duty, (2) resulting in injury to the patient, and (3) that this breach directly caused the injuries.

Filing a medical malpractice claim can be complex and expensive. To safeguard your claim and ensure your right to compensation, it’s crucial to select a medical malpractice attorney with the requisite expertise, knowledge, resources, and proficiency to effectively handle your case. At Duran Law Offices our attorneys have a proven track record of securing successful outcomes for clients in medical malpractice claims.