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Medical Malpractice

Medical malpractice or medical negligence occurs when unacceptable or inappropriate medical care results in a patient's injury. Medical malpractice law permits an injured patient to recover damages for injuries caused by the negligent diagnosis or treatment of a medical condition. Medical malpractice claims are made against doctors, hospitals, dentists, emergency rooms, medical clinics, chiropractors, nurses, and many other healthcare professionals. To recover compensation for injuries, a patient must prove;

(1) that the medical care provider fell below the minimum standard of care for doctors, dentists, etc.; and

(2) that the negligent care caused an injury to the patient that he or she would not have otherwise incurred. To prove the minimum standard of care, the patient must have an expert medical provider (doctor or dentist) testify.

It is difficult and expensive to get doctors to testify that another doctor was negligent, so lawyers carefully evaluate a medical case before filing a lawsuit. Bad judgment by the doctor, or a bad result from improper treatment, is not always malpractice. Only the most serious injuries will justify the time and expense involved in these kinds of cases.

Medical negligence/medical malpractice claims are generally thought to fall within two broad categories:

1. The failure by a physician or other health care provider to properly diagnose an injury or disease in a timely manner.

2. The failure to properly treat an injury or disease once it is diagnosed.

Medical negligence or medical malpractice may consist of an improper or inappropriate act or it may consist of a failure to act. In addition to the categories listed above, a medical negligence/medical malpractice action may be based upon a physician's failure to fully inform a patient what is involved in a medical procedure, including possible risks and side effects, which would enable the patient to make an informed decision whether to undergo the recommended medical procedure or not. This decision is called informed consent and the physician's failure to obtain this consent may be the basis of a medical negligence/medical malpractice action.

Some examples of typical medical malpractices cases are listed below:
- Failure to diagnose
- Failure to disclose diagnosis
- Improper or delayed diagnosis
- Medication errors
- Surgical errors
- Retained surgical instruments
- Lack of informed consent
- Hospital negligence
- Amputations
- Birth injuries
- Brain injuries
- Misread x-rays
- Wrongful death

Personal Injuries Attorneys USA is a contingency-based law firm, which brings your legal cost to FREE! Our goal is to help you in your case. Time is valuable, and when in need, nothing is more valuable than finding the right legal advice pertaining to your case. We are a law firm. We help you, the consumer, understand your case, and most importantly know your rights. Please call me on my cell phone right now at 800 933-6529 or fill out the form and I will contact you promptly.

 
 
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