Pennsylvania Medical Malpractice Lawyer
Medical malpractice occurs when a healthcare provider fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. Obviously the provider cannot be responsible for the original underlying medical problem, but they are responsible for any injuries or worsened conditions due to their negligence. Such errors are often avoidable and result from medical professionals who are inadequately trained or who are simply too busy to be thorough. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. It is important to remember that a medical professional does not have an implied duty to cure or even to guarantee a good outcome from treatment. Malpractice does not occur every time a treatment does not work. Rather the duty is to provide good medical care according to accepted standards in the community, or, for a specialist, acceptable standards in that medical specialty.
Medical malpractice can occur in many different ways as there are many mistakes that can be made by a medical professional. A physician can make the correct diagnosis but fail to properly treat the disease or fail to inform the patient of available treatment. There can be a misuse of prescription drugs or medical devices, errors in prenatal diagnostic testing, or failure to administer appropriate emergency room treatment. The most common cases of medical error brought against doctors are:
A doctor has an implied duty to you to use care and diligence in diagnosing your injury so the proper treatment can be administered. They should ask about medical history, a description of symptoms and they should perform a thorough examination.
Lancaster Medical Malpractice Attorneys
If you or a loved one has been a victim of medical malpractice, contact our experienced Lancaster medical malpractice lawyers for a free evaluation. We have over 25 years of experience fighting for the rights of medical malpractice victims. We will help you as you go through this difficult time.
Frequently Asked Medical Malpractice Questions
Q: What is medical malpractice?
A: Medical malpractice is negligence on behalf of a professional in the health care industry. Most common it is failing to keep good practice or failing to do something necessary for the patients good care by a doctor, nurse, or other medical technician.
Q: Who can sue for medical malpractice?
A: In most cases the patient injured from the medical negligence brings suit. In certain cases when the injuries are severe or disabling, members of the patient’s family, generally the spouse, parents or children, may file a claim.
Q: Can anyone who works at the hospital sue for medical malpractice?
A: Any employee who has caused injury to a patient that is derived from professional negligence may be named as a defendant. It is worth noting that medical malpractice does not only occur at hospitals.
Q: What are the most common medical malpractice cases?
A: According to medicalmalpractice.com surgical errors account for 34% of all inpatient claims and errors in diagnosis make up about 46% of all outpatient claims.
Q: What does a plaintiff have to prove to win a medical malpractice case?
A: You must provide sufficient evidence to establish in the following and failure to prove any one of these three previously listed items will most likely result in a dismissal:
Negligence – failure to use ordinary care
Proximate Cause – legal concept meaning legal cause
Damage – harm caused on the patient directly resulting from professional negligence