Medical malpractice

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Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.

To be considered medical malpractice under the law, the claim must have the following characteristics:

• A violation of the standard of care - The law acknowledges that certain medical standards are recognized by profession as an acceptable medical treatment by reasonably prudent healthcare professionals under similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.

• An injury was caused by negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional violated the standard of care. The patient must also prove they sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

• The injury resulted in significant damages - Medical malpractice lawsuits are costly to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering, hardship, or significant past and future medical bills.

Berry & Turnage investigates and reviews potential Medical Malpractice lawsuits. If you think you may have a potential claim, please do not hesitate to contact our office. Our experienced team of litigators will help you navigate the next steps to take.