According to an article published in the Journal of the American Medical Association (JAMA), over 225,000 people die each year due to iatrogenic causes. This has become the third leading cause of death in the United States, after deaths from heart disease and cancer.

· 12,000 deaths/year from unnecessary surgery

· 7,000 deaths/year from medication errors in hospitals

· 20,000 deaths/year from other errors in hospitals

· 80,000 deaths/year from infections in hospitals

· 106,000 deaths/year from non-error, adverse effects of medication

Medical Malpractice is the failure of medical professionals to provide adequate treatment to patients resulting in a personal injury or substantial loss of income.

Why Is A Medical Malpractice Lawyer Needed For Medical Mistakes?

Medical Malpractice is a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. When medical "standards" are not followed, it is also known as med mal. A lawyer that knows about medical problems & medical laws is needed to help a claim reach the courts in the fastest, accurate, and most complete way possible. A medical malpractice lawyer will work with the hospital system & medical law system to find out what your rights and legal options are. While you or someone you know gets better or recovers from your medical mistake or injury, the medical malpractice attorney will fight for your legal rights.

Have I Waived My Rights Because I Signed A Consent Form?

This is a question asked by many. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.

What Is The First Step A Medical Malpractice Attorney Would Do In Pursuing A Medical Malpractice Claim?

The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, one who develops a "gut feeling" that something was wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves obtaining and reviewing medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.

While the law varies from state to state (the information contained herein is general) medical malpractice is ordinarily not based on strict liability or absolute standards. In other words, before liability or fault can be imposed against a doctor, it must be shown that s/he was at least negligent in treating the patient. Merely because an untoward result has attained does not mean the physician is liable for malpractice. The Plaintiff must prove that the conduct of the physician fell below the requisite professional standards, s/he to be able to recover.

Generally, in order to successfully prevail in a claim of professional negligence against a healthcare provider, a plaintiff (injured party) must establish the following:

(1) There must be a duty owed by the physician to the patient. (This usually arises from the physician-patient relationship.);

(2) The physician must have violated the applicable standard of care in his/her treatment of the patient;

(3) The violation of care must be the direct and legal cause of the injuries to the plaintiff;

(4) Damages – injuries to plaintiff.

In order to establish that the physician or professional deviated from the standards in the industry or practice, the plaintiff's lawyer must present qualified experts to testify as to the minimum standards required in the profession. The expert must have properly reviewed the case, determining what acts and omissions the doctor committed which deviated from the minimal standards required by the profession.

Mashney Law Offices is ready to help you. Our experienced attorneys vigorously pursue medical malpractice cases. Please call us at (800) 555-6655 or submit an online case evaluation. This is a FREE CONSULTATION. If we take your case, you will not have to pay money upfront. We get paid after and only if you get paid. Please call now since the passage of time may damage your rights to receive compensation.

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