Medical Malpractice


The Journal of the American Medical Association declared that medical negligence is one of the leading causes of death after cancer and heart disease in the U.S. If a healthcare provider fails to provide the recognized “standard of care,” and his or her negligence results in injury or damages to you or a close family member, you are entitled to file a medical malpractice lawsuit.

Medical Malpractice Claims

Medical malpractice occurs when health care providers, including doctors, clinics, hospitals, and other medical professionals, cause injury to a patient through negligence or omission such as an incorrect diagnosis, poor treatment protocol, or lack of appropriate aftercare protocols.

The law considers any act of negligence as medical malpractice if:

  • It is a violation of the standard of care. The medical standard of care is defined as the level and type of care that a reasonably competent health care professional with a similar background and in the same medical community would have provided under the same or similar circumstances. A medical malpractice claim can be filed if a medical professional fails to deliver the appropriate standard of care.
  • The patient suffers an injury due to the negligence. A medical malpractice lawyer will establish that a patient’s injury or damage is the direct result of the health care professional’s neglect and would not have occurred if the appropriate standard of care was applied.
  • There is significant physical, emotional, or financial damage resulting from the medical malpractice injury. To pursue a medical negligence claim, your attorney must prove that the injury caused significant or prolonged pain, disability, loss of limb, economic hardship, and economic losses.

Forms of Medical Neglect

Medical misconduct occurs when healthcare professionals provide substandard treatment to a patient. Negligence may happen in various ways, including:

Treatment and Procedural Errors: If a healthcare professional improperly administers medication that has an adverse effect on a patient, the doctor may be held accountable if the patient’s condition worsens.

Diagnostic Errors: A patient may file a medical malpractice claim if the healthcare professional fails to act appropriately when determining the underlying medical cause of the problem. Additionally, if a doctor misdiagnoses a patient, or there is an undue delay in providing a diagnosis, a medical malpractice claim may be filed.

Consent Issues: If a healthcare practitioner is found to act against a patient’s wishes, or fails to provide the appropriate aftercare instructions, a medical malpractice claim may be filed.

Other forms of medical malpractice errors include:

  • Unnecessary surgeries
  • Poor or incorrect aftercare instructions
  • Insufficient follow-up
  • Failure to order the appropriate testing
  • Surgical errors
  • Misreading laboratory results
  • Wrong site surgery
  • Improper medication
  • Disregarding a patient’s medical history
  • Misdiagnosis or failure to recognize symptoms

If you have suffered at the hands of a healthcare provider due to negligence or misconduct on their part, seek legal help as soon as possible.

Contact Attorney Michael P. D’Amico to learn more about filing a medical negligence claim.

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