Medical Malpractice
Medical malpractice
occurs when a doctor, hospital or other healthcare provider is negligent
by failing to meet the recognized standard of care in the medical community,
the failure of which is the proximate cause of the claimed injury or death.
A health care provider can be negligent by actions or inactions. The degree
of care required means that degree of care that a reasonably competent
medical provider would use under similar circumstances. A bad result does
not necessarily mean that there was malpractice. Risks and complications
associated with all medical procedures do not necessarily mean that there
is any negligence. A hospital, similarly, is required to use the same degree
or care that a reasonably competent hospital would use under similar circumstances.
Due to the complexity of the medical issues involved, the injured party
must have an expert witness to prove both the deviation from the applicable
standard of care and the causal relationship of the claimed injury to the
alleged malpractice. These claims are very expensive to present properly.
A medical
provider is required to explain his or her treatment plan with the patient
so that all material risks are explained and the patient can make an intelligent
decision whether to undergo the planned treatment. This is called informed
consent.
These claims are accepted on a contingency fee
basis, if there is no recovery there is no legal fee.
There is no charge for a consultation.