Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care, resulting in injury to the patient.
If you've been injured due to a doctor's negligence or mistake, you may have a valid medical malpractice claim.
Understanding what constitutes medical malpractice can help you determine whether you have a case.
Common Examples of Medical Malpractice
Medical malpractice can take many forms.
Some common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Failure to inform the patient of risks (lack of informed consent)
- Anesthesia errors
- Failure to order necessary tests or imaging
- Improper wound care
What You Must Prove
To win a medical malpractice case, you must prove four things:
- The healthcare provider owed you a duty of care
- The provider breached that duty by failing to meet the standard of care
- You suffered an injury as a result of the breach
- You incurred damages as a result of the injury
This can be complex to prove, particularly the second element—establishing that the provider's conduct fell below the standard of care.
You'll typically need to provide expert testimony from another healthcare provider to establish the standard of care and how the defendant provider's conduct fell short.
Why You Need an Attorney
Medical malpractice cases are highly specialized and complex.
If you believe you've been the victim of medical malpractice, you need an experienced medical malpractice attorney.
A medical malpractice attorney can:
- Review your medical records
- Consult with medical experts
- Build a strong case on your behalf
- Negotiate with the healthcare provider's insurance company
- Represent you in court if necessary
Contact Irpino, Avin & Hawkins Today
If you believe you've been a victim of medical malpractice, contact Irpino, Avin & Hawkins for a free consultation.
Our experienced medical malpractice attorneys can review your case and explain your legal options.
Call us today at 1-800-7500-LAW or 504-525-1500.
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