Medical malpractice occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. Obviously, the physician cannot be responsible for the original underlying medical problem.
What situations signal medical malpractice? The negligence in medical malpractice cases can occur in a variety of situations including but not limited to:
A delay or failure in diagnosing a disease
A surgical or anesthesia related mishap during an operation
The physician’s failure to gain the informed consent of the patient for an operation or surgical procedure
Misuse of prescription drugs or a medical device or implant
A physician who has made the correct diagnosis may thereafter commit malpractice by failing to properly treat the disease process
It is the attorney’s obligation to determine as quickly and efficiently as possible whether there is a good, actionable case. This is so because medical malpractice cases are, by their very nature, complex, expensive to pursue, have a high risk of no recovery, and often involve a client’s “personal” attachment.
In order to determine if there is “medical malpractice,” it is necessary that a medical expert be retained to consult with the plaintiff’s attorney.
This expert should be well qualified to give a medical opinion and is therefore frequently board certified in the relevant field of medicine. If, after a thorough review of the pertinent medical records, the medical expert concludes “with reasonable medical certainty that the action or inaction of the defendant physician was the cause of damage to the plaintiff,” it is appropriate to file suit against the physician/hospital.
If you become sick, injured, or are taking care of a family member who is ill, you trust medical professionals and the medicines and tools they use to help you or your loved one get better. If you think any prescription medication could be responsible for your injuries or those of a family member contact Valerie Fisher Law today for a free case evaluation.