Medical Malpractice Attorney
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
Statistics show that 44,000-98,000 individuals die annual because of medical malpractice in the United States. Between 15,000 and 19,000 thousand lawsuits are brought against doctors each year. Medical professionals may obtain professional liability insurances to offset the risk and costs of lawsuits based on medical malpractice.
Elements of a Medical Malpractice Case:
A plaintiff (individual filing a case) must establish all five elements of the tort of negligence for a successful medical malpractice claim.
- A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A duty was breached: the provider failed to conform to the relevant standard care.
- The breach caused an injury: The breach of duty was a direct cause and the proximate cause of the injury.
- Deviation from the accepted standard: It must be shown that the practitioner was acting in a manner that was contrary to the generally accepted standard in his/her profession.
- Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease.
If you or someone you know has been involved with or affected by medical malpractice, please contact our office today. We will schedule a free consultation and discuss what can be done about your case. We treat each case with care and compassion and you will receive the respect and attention that your case deserves.