| FAQ |
1. What is "medical malpractice"?
Medical malpractice is a broad term generally used to
describe any treatment, lack of treatment, or other departure
from accepted standards of medical care, health care,
or safety on the part of a health care provider that causes
harm to a patient. Examples of medical malpractice are
too numerous to list. Medical malpractice can include,
however, misdiagnosis, improper treatment, failure to
treat, delay in treatment, failure to perform appropriate
follow-up, prescription errors, etc. In many instances,
medical malpractice is not obvious to a lay-person and
requires the review and analysis by medical experts.
2. What must be shown to prevail in a medical malpractice
case?
While
there are various types of medical malpractice claims,
generally speaking, a claimant must usually show the
following:
o the health care provider owed a duty to the patient
o the health care provider breached that duty
o the patient suffered an injury, and
o the patient's injury was a proximate cause of the
health care provider's breach
A physician owes a duty to a patient once a "doctor-patient"
relationship has been formed. Such a relationship is
usually formed when the physician agrees to care for
the patient. Nonetheless, even if it is established
that a duty existed and the health care provider breached
that duty (eg. failed to meet the requisite standard
of care), a claimant may not recover unless the claimant
suffered injuries that were a direct result of the breach.
If the breach resulted in no harm to the patient, a
claimant generally has no right to recovery.
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| MEDICAL
NEGLIGENCE |
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Medical
errors kill between 48,000 and 100,000 persons each year,
according to the Institute of Medicine.
Medical
malpractice occurs when a healthcare provider - doctor,
hospital, HMO, nurse, chiropractor, therapist or other
individual or entity licensed to provide medical care
or treatment - fails to do what a competent doctor would
have done, resulting injuries or disabilities resulting
in disability or birth defect.
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you or a loved one may have been a victim of medical malpractice,
or negligence you should act promptly to preserve your
rights by hiring a medical malpractice lawyer for your
claim. |
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| MEDICAL
MALPRACTICE |
Medical
malpractice errors are responsible for 98,000 wrongful
deaths each year. More people die from medical mistakes
each year than from all U.S. highway deaths! Our Nationwide
referral service can locate an experienced attorney near
you who concentrates in Medical Malpractice Litigation.
You can have your serious injury case reviewed confidentially
and without obligation.
Medical malpractice mistakes invoving medication errors
alone cause injuries to over 1.3 million persons annually
because of errors ranging from adverse drug interactions
to dispensing blunders, according to the FDA. Wrongful
deaths caused by cancer misdiagnosis is increasing and
hurting victims Iong term chances for survivaI despite
advances made in our ability to test and screen for disease.
These and other forms of medical negligence directly involve
the quality of health care you are entitled to by law.
Our Network of medical malpractice attorneys have collected
hundreds of millions of dollars for medical malpractice
victims! We offer you a free evaluation of your potential
claim.
Dec. 12, 2002: New England Journal of Medicine study shows
medical errors rampant! Four of every 10 Americans and
one of every three doctors say that they or their family
members have been the victims of a preventable medical
error, and nearly 10 percent say a family member died
as a consequence, according to a national survey being
published in the New England Journal of Medicine. In addition,
nearly 30 percent of doctors said they had seen a serious
medical error in the past year in the course of their
work.
A typical medical malpractice claim will include compensation
for pain and suffering, payment of medical expenses for
treating the injury caused by the malpractice and reimbursement
for any past, present or future financial losses that
you have incurred as a result of the malpractice. However,
this varies by State.
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Medical errors kill between 44,000 and 98,000 Americans every year. This is the 8th leading cause of death in the U.S., higher than AIDS, automobile accidents and breast cancer.
