Doctors and health-care practitioners fill a vital role in people’s lives. But when a hospital or a doctor or other health-care professional causes injury through negligence or error, the results can be devastating. Medical malpractice can lead to pain and suffering, disability, or even death.
At Trustwell Law, our experienced attorneys take a personalized, compassionate approach. We cut through the legalese and partner with our clients. We also have access to the expertise, resources, and manpower to fully investigate each case and fight for and with our clients to get the justice they deserve.
Medical malpractice happens when a doctor, another health-care professional, or the hospital itself causes injury to a patient through a negligent act or omission. To be considered medical malpractice in the legal sense of those words, three things are required:
The proper standard of care can differ in each case and is generally measured by what is considered acceptable medical treatment or practice by health-care professionals in that community. Basically, did the doctor (or other health-care professional) provide acceptable treatment—treatment other doctors would consider prudent or necessary under similar circumstances?
Medical malpractice requires more than just an unfavorable outcome resulting from medical treatment. The negative outcome (injury) must have been caused by a doctor, hospital, or another health-care professional not following accepted standards of practice. In other words, there must have been some misconduct rising to the level of professional negligence or worse. And even if the proper standard of care was not followed, the patient must also show they were injured because of that violation. If the patient is injured but there was no misconduct, or if standards of care were violated but the patient was not injured, there will be no case for medical malpractice.
Finally, as a practical matter, to pursue a medical malpractice case, the injuries resulting from the professional negligence typically must be severe and the damages significant. The patient (or their loved one) must show that the injury caused death, disability, unusual pain or suffering, loss of income, or some similar result.
Although the rate of medical malpractice claims has declined over the last 20 years, a 2016 study at Johns Hopkins University School of Medicine found that medical negligence was the third-leading cause of death in the U.S. Other facts and statistics relating to medical malpractice:
Medical malpractice can take many forms, but some types of malpractice are more common than others. In terms of paid medical malpractice claims, the top three reasons are related to:
Here is an incomplete list of potential errors leading to a medical malpractice suit (as seen in filed cases):
These errors can lead to many types of injuries including:
If you or a loved one have been injured due to medical negligence or medical malpractice, contact us.
If we take your case, you will pay us nothing unless we win. We will work with you and use all our resources and expertise to fully investigate your circumstances. You may be entitled to compensation for pain and suffering, medical bills, lost work, and other measurable consequences from medical mistakes that were made.
Hospitals and doctors have teams of experienced dedicated lawyers on their side. Shouldn’t you have a team of dedicated, experienced lawyers standing with you?