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| MEDICAL MALPRACTICE
Medical malpractice is a "tort action" that occurs as a result of a medical practitioner acting in a negligent manner while treating a patient for a medical condition. Unfortunately, even considering the all the advancement in medical diagnosis and treatment, more and more cases of medical malpractice and nursing home neglect are reported each year, possibly due to the pervasiveness of managed care companies, such as HMO's and PPO's, which are largely bottom-line driven. In fact, statistics on medical malpractice reveal that for every medical error reported, over 50 go unreported.
Malpractice may occur either as a result of the medical practitioner taking an inappropriate action or by the failure of the practitioner to take an appropriate action, while treating a patient for a medical condition.
Examples of medical malpractice include:
- Failure to diagnose a disease or medical condition
- Mis-diagnosis of a disease or medical condition
- Failure to provide appropriate medical treatment for a diagnosed medical condition
- Unreasonable delay in providing treatment for a diagnosed medical condition
- Performing a proper medical procedure without the patient's "informed consent"
Informed consent means that a doctor must disclose the possible risks of any treatment or procedure that may result in a harm to the patient, giving the patient the information needed to make an informed choice to either have or refuse the procedure. If the patient is not harmed by the physician's error, the patient cannot recover damages in a malpractice suit as the result of the error.
Medical malpractice actions have been significantly affected by "tort reform." Malpractice cases are very expensive to litigate, and the recovery of damages may be limited by statute. Even when there is a clear case of negligence, a medical malpractice suit may not be appropriate, as the cost of litigation may, in fact, exceed the amount of damages that would be awarded. Due to the highly specific nature of medical malpractice litigation, it is best to go to an attorney who specializes in medical malpractice law.
If you have been seriously injured by the actions of a doctor, insurance company, hospital, nurse or other medical professional, you can get a FREE consultation with a Top Malpractice Attorney in your area who can offer sound legal help and assistance with Wrongful Death, Malpractice, Negligence, Auto Accidents, Airplane Crashes, Patient Neglect, and all Personal Injury claims. Simply complete the form at the top of this page.
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