Medical Malpractice
Medical malpractice is a result of negligence, breach of the required standard of care or a medical mistake by a medical professional (doctor, nurse, medical technician, psychiatrist, hospital, dentist, or other health care provider). All medical professionals should be meeting standards of care and using their skills, knowledge and experience to avoid injuring patients through malpractice.
Every medical professional, regardless of the specialty, has a standard of care to which they must adhere. All patients deserve the best possible treatment a medical professional can provide. Unfortunately, there are some medical professionals that are negligent or they make a mistake that causes serious health problems for their patient(s).
Medical malpractice does not occur every time medical treatment is not successful.
The duty of a health care professional is not to affect a cure, resolve all medical issues or even to assure a specific outcome from treatment. Rather, the duty is to provide good medical care according to accepted standards. Medicine is not an exact science and doctors are not required to be right every time they can make a diagnosis nor are they required to be perfect. A misdiagnosis can be made even when all proper tests are performed accurately or are evaluated by skilled doctors with the utmost care.
Medical malpractice is a very broad theory of negligence that includes many kinds of mistake that could be made by a medical professional. Some of the most common cases brought against doctors and health care providers are:
- improper diagnosis
- failure to diagnose
- medication errors or improperly prescribing drugs
- surgical errors, i.e. accidentally severing a nerve during an operation
- medical instruments, sponges, needles or
other foreign objects left inside a patient after surgery - errors in prenatal diagnostic testing
- failure to advise of diagnosis
- lack of informed consent
- abandonment (failure to attend to a patient)
- failure to inform a patient of available treatments
- continuing ineffective treatments
- below standard treatment or incorrectly performed treatment
Medical malpractice can occur at any point in the course of diagnosis and treatment.
A doctor has a duty to use care and diligence to diagnose a patient’s condition in order for the proper treatment to be recommended. In order to properly diagnose an illness, a doctor should ask about a patient’s medical history as well as a family’s medical history. The doctor also should ask for a detailed description of current symptoms and should perform a thorough examination, including all necessary diagnostic tests.
Doctors also have a duty to disclose information pertaining to the treatment you will receive. If your condition is such that it is beyond the scope of practice of the examining doctor, or beyond the doctor’s expertise, he or she must refer you to a specialist. If your doctor fails to follow these basic principles, and injury is caused as a result, you may have a case for a malpractice claim.
In Medical Malpractice cases it is essential that measures be taken to promptly preserve evidence and thoroughly examine medical records to determine whether your injuries are the result of negligence on the part of your attending medical providers. Moving promptly enables other expert medical witnesses to evaluate the cause of your injuries to establish responsibility.
If you or a loved one have been the victim of Medical Malpractice, please contact Fiore & Barber, LLC at 215-256-0205 or via email. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries.
Disclaimer: The material contained on this website is afforded for information purposes only. The materials do not constitute legal advice and does not create an attorney/client relationship.