Medical malpractice occurs when a health care provider acts in a negligent matter or deviates from acceptable standards of practice that in turn causes injury or death to a patient.
Chances are the hospital or doctors are not talking. What has to happen when you file a medical malpractice claim?
Your lawyer must establish four elements of negligence in order to present a medical malpractice case.
1. A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors.
3. The breach caused an injury: The breach of duty was a proximate cause of the injury.
4. Damages: Without damages, there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence.
Here are a few examples of medical malpractice:
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- A pregnant woman doesn't receive the correct tests to pre-determine if she is at risk for Group B Strep or shoulder dystocia.
- An ER doctor fails to perform diagnostic tests which would put the puzzle pieces together better to save the life of a bacterial meningitis victim.
- The wrong medication or the wrong dose of medication is administered in a hospital setting.
- Recalled medical devices are still in stock then used for surgery and complications ensue.
- Hospital patients suffer from hospital acquired infections making their stay longer, more expensive, and more dangerous.
These are just examples but in reality there are hundreds of reasons for a medical malpractice lawsuit - and sadly, most causes were preventable.Have you or a loved one suffered as a result of medical malpractice? If the answer is yes, please contact personal injury attorney Larry E. Coben in Pennsylvania and Arizona to find out what your legal options are.