Medical Malpractice Injury Lawyers

Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

When illness or injury forces you to see a physician or go to the hospital, you can generally be assured that a medical professional's years of experience and training will result in excellent treatment. But in truth, medical care providers are only human, and errors are always possible. Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient.  Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. However, malpractice suits are often complex and costly to win. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney who will discuss your case with you, and help you determine your best options. 

The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or -- in the case of a wrongful-death suit -- the executor or administrator of a deceased patient's estate.  The defendant is the health care provider. 

A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim. 

 

  • A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.  
  • A duty was breached -- the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitor or 'the thing speaks for itself').  
  • The breach caused an injury -- The breach of duty was a proximate cause of the injury.  
  • Damages -- Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. 

 

Due in part to the power and resources of health care industry lobbyists, many states have passed legislation making it more difficult to bring and prevail in medical malpractice actions. In most states today, physicians and hospitals are protected by legal limits, called "caps," on the amount of damages and attorneys' fees that can be awarded in malpractice suits. Also, most states have a two-year time limit for filing malpractice actions, unless extraordinary circumstances affect the case.

One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a "certificate of merit." In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff's health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiff's attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiff's action has merit. 

Medical malpractice occurs anytime a healthcare professional's actions or inactions cause an injury or death. Medical malpractice claims can be filed in response to many different injuries, including:

 

  • Birth Injuries  
  • Cerebral Palsy  
  • Hypoxia    
  • Wrong Site Surgery  
  • Medical Mistakes  
  • Failure to Diagnose  
  • Anesthesia Errors  
  • Prescription Errors  
  • Erb's Palsy  
  • Failure of Sterile Technique 

 

Medical malpractice can be committed by any healthcare professional in any healthcare setting.  This means that there are many different parties that could be potentially responsible for your medical malpractice injury, including:

 

  • Doctors  
  • Nurses  
  • Hospitals  
  • Health Clinics  
  • Dentists  
  • Dental Hygienists  
  • Pharmacologists  
  • Anesthesiologists

 

If you believe that you or a loved one has been injured as a result of medical malpractice contact Kelley | Witherspoon.

Many times, in order to get all the medical records and facts, you need aggressive legal representation.  Our medical malpractice lawyers will evaluate your claim and help you recover compensation from the healthcare professional that injured you or your family member.  By filing a medical malpractice claim, you may be able to recover compensation for:

 

  • Pain  
  • Mental Anguish  
  • Suffering  
  • Permanent Disability  
  • Future Medical Bills  
  • Medical Bills  
  • Lost Wages  
  • Lost Benefits 

 

If you believe that you or a loved one has been injured as a result of medical malpractice contact Kelley | Witherspoon. We will evaluate your claim and explain your options at no charge.

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