Medical Malpractice Lawyers & Attorneys

Each year, in the United States, thousands of victims of medical negligence file medical malpractice lawsuits. Medical malpractice can result in serious personal injury and/or wrongful death. According to the National Academy of Sciences, approximately 98,000 Americans die from "medical mistakes" annually. An experienced medical malpractice lawyer can help those who have been the victim of medical negligence.

The Sweeney Law Firm handles all types of cases related to medical malpractice, such as surgical errors, misdiagnosis, emergency room omissions, and improper specialist referrals. We also handle the following types of medical negligence:

Birth Defects and Developmental Disabilities
Birthing Complications
Failure to Diagnose Cancer
Cerebral Hypoxia
Cerebral Palsy
Heart Arrhythmia / Rhythm Disorders
Heart Attack
Pregnancy Complications
Wrongful Death

Medical "malpractice" or medical "negligence" refers to the failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Medical professionals have a duty to adhere to a standard of practice that is uniform for everyone within their field. When doctors or other medical professionals engage in treatment that violates the accepted "standard of care," and that treatment results in injury or harm, this constitutes medical malpractice. A doctor has a duty to you to use care and diligence to diagnose your illness or ailment so that the proper treatment can be prescribed. In order to properly diagnose a condition or an injury, a doctor should ask about a patient's medical history. The doctor also should ask for a detailed description of current symptoms and should perform a thorough examination which includes necessary diagnostic tests. Doctors also have a duty to disclose information to you pertaining to the treatment you will receive.

If your condition is such that it is beyond the scope of practice of the examining doctor, or beyond the doctor's expertise, the physician should consider referring you to a specialist. If your doctor fails to follow these basic principles, and an injury or harm results, you may have viable claim for medical malpractice.

Signing a physician's consent form does not mean you consent to substandard medical attention.

The concept of medical malpractice negligence is very broad and encompasses virtually every kind of mistake that could be made by a medical professional. The most common cases brought against doctors are:

(1) Improper Diagnosis
(2) Failure to Diagnose
(3) Medication Errors
(4) Surgical errors during an operation
(5) Medical instruments, sponges, needles or other foreign objects dropped inside a patient and left there after surgery
(6) Errors in prenatal diagnostic testing
(7) Failure to advise a patient of the diagnosis
(8) Abandonment (failure to attend to a patient)
(9) Improperly prescribing a drug
(10) Failing to inform the patient of available treatments
(11) Continuing a treatment that has been shown to be ineffective
(12) Prescribing a treatment that does not meet the standard of care
(13) Incorrectly performing a medical treatment
(14) Failing to refer the patient to a specialist

The Elements of a
Medical Malpractice Claim

Duty to the Patient

There are several critical elements to medical malpractice cases. The first step is to determine is whether the physician had a "duty" to the patient. In order for there to be a duty of a doctor or other medical professional to provide care to a patient, there must be some form of agreement between the doctor and the patient regarding medical treatment. If a doctor or other medical professional agrees to treat a patient, then a certain degree of competence and skill is expected.

Expert Testimony

Medical professionals have a legal duty to adhere to the applicable "standard of care" when they render medical treatment. Expert witnesses are usually required in medical malpractice cases to establish the standard of medical care in the geographical area or in the area of medical specialty at issue. The second element of a medical malpractice claim requires the presentation of expert testimony that defines what the acceptable standard of care is and explains how the physician's conduct did not meet the standard of care.

Causation

The third element of a medical malpractice claim is causation. The attorney representing the victim of medical negligence must prove that that physician's actions (or omissions) caused injury or harm to the patient.

A doctor or medical provider may have been negligent in treating a patient, but in some cases that negligence is not the cause of the injury suffered by a patient. Because the law requires a causal connection between the doctor's negligence and injury, not all instances of medical malpractice are compensable. Determining causation in medical negligence cases is often a very complicated issue that requires a thorough analysis of the patient's medical records. Proving causation, in a medical negligence case, usually requires the assistance of expert witnesses.

In many cases, the cause of injury can be attributed to the negligence of multiple health care providers. For example, a patient may be treated by a number of doctors, nurses, and medical technicians during the course of a hospital stay. Determining which of these providers were negligent, and how that negligence caused harm to the patient can be extremely complex. The emergency room doctor may have incorrectly diagnosed a patient, but a subsequent consulting doctor may have been negligent in failing to correct the diagnosis. A subsequent series of errors in the operating room, each by a different surgical technician, may require naming each technician as a defendant because each negligent act contributed to the injury. In such cases, experts are needed to determine the cause of injury or harm.

The first step in pursuing a medical malpractice claim

If you or a loved one has been injured as a result of possible medical malpractice, call the Sweeney Law Firm now at (866) 793-6339 or submit the case form below. The initial consultation is free, and if we agree to accept your case, we will handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. There is no reason to hesitate. You may have a valid claim and be entitled to monetary compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Resources:

Medical malpractice from Wikipedia, the free encyclopedia.

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Toll-Free: 866-793-6339

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