Medical malpractice occurs when a doctor or other medical professional fails to meet a reasonable standard of care and harms a patient, either by negligent action or inaction. For example, a doctor could harm a patient by operating on the wrong body part, or a doctor could worsen a patient’s condition by failing to take reasonable steps to resolve an injury. If you have been inured by a negligent medical professional, the Law Office of Shane R. Kadlec is ready to help you take action.
Understanding Medical Negligence
Despite education and training, medical professionals do not always live to up the expectations that are placed on them. A determination of negligence usually depends on how the doctor’s performance compares to the accepted level of care that a reasonable doctor would have administered in a similar situation. If another similarly trained and experienced professional would have made the same choice as the professional in question, a finding of negligence is unlikely. However, if another professional would have made a different choice, a finding of negligence is possible.
Common Types of Medical Malpractice Claims
For a patient to receive compensation in a medical malpractice case, the evidence must show that the doctor’s action or omission caused a specific and measurable injury to the patient. Some of the most common mistakes are:
- Failure to diagnose
- Surgical errors
- Failure to warn a patient of known risks
Not every patient who experiences a poor outcome is entitled to seek compensation, but when a doctor’s negligence causes harm, the injured patient has a right to file a medical malpractice suit. Many legal hurdles make these situations difficult, as there are limits on damages for these claims, as well as complex immunity and notice requirements, so you need to speak with a board-certified personal injury lawyer now for a free case evaluation.
Pharmaceutical Errors
Every day, people are injured or killed by making mistakes with prescription drugs. Common errors leading to medical malpractice claims include:
- Administering the wrong medication
- Giving the wrong dosage
- Mislabeling medication
- Failing to warn of side effects