1. What is medical malpractice?
Medical malpractice occurs when a health care provider
causes injury or death to a patient by failing to act
within the applicable standard of care. In other
words, a physician or other health care provider
commits medical malpractice and is negligent when he
or she fails to act reasonably under the circumstances
and the unreasonable conduct causes harm.
2. What kind of mistakes can result in medical
malpractice?
- They
did not diagnosis you properly.
- They
did not perform an operation properly or timely.
- They
did not anticipate a problem which they should
have.
- They
did not get clear permission before operating on
you.
- They
did not properly treat a medical condition.
3. How
is it determined if medical malpractice occurred?
In determining whether a medical practitioner made a
mistake, the court will consider what reasonable,
prudent medical practitioners would have done in the
same situation. If the medical practitioners do not
meet that standard, they could be found negligent.
4. What is the definition of a medication error?
A medication error is defined as any preventable event
that may cause or lead to inappropriate medication,
while the medication is in the control of the health
care professional, patient, or consumer. Such events
may be related to professional practice, health care
products, procedures, and systems including:
prescribing; order communication; product labeling,
packaging and nomenclature; compounding; dispensing;
distribution; administration; education; monitoring;
and use.
5. How
does a jury determine if a doctor's actions were
within the standards of good medical practice?
A jury will consider testimony by experts--usually
other doctors, who will testify whether they believe
your physician's actions followed standard medical
practice or fell below the accepted standard of care.
In deciding whether your heart surgeon was negligent,
for example, a jury will rely on expert testimony to
determine what a competent heart surgeon would have
done under the same or similar circumstances.
6. I signed a consent form before my doctor performed
surgery. What did it mean?
It is common practice in hospitals for patients to
sign a form giving the doctor their consent, or
approval, to perform surgery. In the form, the patient
usually consents to the specific surgery as well as to
any other procedures that might become necessary.
Before you sign it, your doctor should give you a full
description of the surgery and the risks involved, and
the ramifications of not getting such treatment. If
you can prove that your physician misrepresented the
facts or failed to adequately inform you of the risks
and benefits before surgery, your consent may be
invalid.
7. What do I do if I think I have a medical
malpractice claim?
Contact The Law Offices
of Scott C. Gottlieb & Associates, LLP. Tell us exactly what happened to you, from
the first time you visited your doctor through your
last contact. What were the circumstances surrounding
your illness or injury? How did your doctor treat it?
What did your doctor tell you about your treatment?
Did you follow your doctor's instructions? What
happened to you? Answers to these and other relevant
questions become important if you think your doctor or
hospital may have committed malpractice.
8. What if I'm just not satisfied with the results of
my surgery? Do I have a malpractice case?
In general, there are no guarantees of medical
results. You would have to show an injury or damages
that resulted from the doctor's deviation from the
appropriate standard of care for your condition.
9. What is the medical malpractice standard of care?
This is the degree of care and skill that the average
qualified doctor would provide to a patient who sought
medical care for similar symptoms and circumstances.
10. My doctor made a mistake and admitted it. Do I
have a malpractice case?
An experienced medical malpractice attorney can help
you to determine if your case has merit. Many mistakes
are simply that, but if your doctor's mistake was the
result of negligence or failure to meet the expected
standard of care, then the answer may be yes. Damages
may be recoverable for you under medical malpractice
laws.
11. What if I have other questions?
Contact us today. We
will answer your questions and discuss your case.
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