Medical Malpractice Lawyer
Medical malpractice lawsuits are filed as a result of the negligent actions of medical professionals. Many different healthcare professions and even healthcare facilities can be sued for medical malpractice. It is important to understand that no two medical malpractice cases ever unfold in exactly the same way. As a result, it is important to connect with an experienced attorney to discuss the nuances of your case before assuming that you do or do not have a cause of action.
What is Medical Malpractice?
As an experienced medical malpractice lawyer – including those who practice at Pioletti Pioletti & Nichols – can explain in greater detail, when a medical or healthcare professional is negligent via an act or an omission, or provides care contrary to standards in the field and causes an injury to a patient, these circumstances can constitute medical malpractice. Diagnostic errors, general health management, post-surgery care, and errors in diagnosis could all be considered malpractice in some cases.
What Are the Types of Errors That Constitute Malpractice?
As noted above, there are numerous types of medical errors that could lead to a malpractice lawsuit. Some examples of those errors include:
- misdiagnosing or failing to diagnose
- failing to order appropriate tests or to act on results of tests performed
- performing unnecessary or incorrect surgery
- discharging a patient prematurely
- failing to provide appropriate follow-up care
- prescribing an improper dosage or medication
- leaving items inside a patient’s body after surgery
- causing the patient continuous pain post-surgery
- operating on an incorrect part of the body
- approving or providing potentially fatal infections acquired in the hospital
- failing to prevent pressure ulcers or bedsores
What Do You Need to Prove Medical Malpractice?
In the United States, medical malpractice lawsuits are fairly common. The law is set up to allow discovery and negotiations between the two parties in order to prevent every case ending up being decided via jury trial. The goal of the legal system is to allow the parties to resolve a dispute outside of a courtroom whenever feasible.
To have a potentially successful lawsuit, a patient and their lawyer must prove that a medical professional provided substandard care, and that an injury was sustained by that patient as a result. There are four legal elements that must be proven legally. Those four elements are:
- A professional duty was owed by the medical professional or entity to the patient
- That duty was breached by the professional or entity
- An injury was caused by the breach
- Damages were incurred as a result