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. What kind of mistakes can result in medical
malpractice?
- They
did not diagnosis you properly.
- They
did not perform an operation properly or timely.
- They
did not anticipate a problem which they should
have.
- They
did not get clear permission before operating on
you.
- They
did not properly treat a medical condition.
3.
How is it determined if medical malpractice
occurred?
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 do not
meet that standard, they could be found negligent.
4. 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, 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.
5.
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 the facts or failed to adequately
inform you of the risks and benefits before surgery,
your consent may be invalid.
7. What do I do if I think I have a medical
malpractice claim?
Contact Scott C.
Gottlieb. Tell us exactly what happened to you, from
the first time you visited your doctor through your
last contact. What were the circumstances
surrounding your illness or injury? How did your
doctor treat it? What did your doctor tell you about
your treatment? Did you follow your doctor's
instructions? What happened to you? Answers to these
and other relevant questions become important if you
think your doctor or hospital may have committed
malpractice.
8. 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.
9. 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.
10. My doctor made a mistake and admitted it. Do I
have a malpractice case?
An experienced 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.
11. What if I have other questions?
Contact us today. We will
answer your questions and discuss your case.
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