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Spotlight on Medical Malpractice Claims


Determing a Doctors Negligence



A professional health care provider is liable for medical malpractice if he does not follow the reasonable standard of care for a person in a similar situation. His standard of care is based on others in similar professional roles. An emergency room doctor is held to a different standard than a dermatologist, and both are held to a different standard than someone who is not a doctor. Determining liability for medical malpractice can be a difficult and time-consuming process involving expert testimony and fact specific investigations.

Read More about Determining Medical Negligence


Medical Malpractice Statistics

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

What is Medical Malpractice?

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 question is asked by numerous people. Health care providers are not given a license to commit malpractice simply because a consent form was filled out by a patient. Despite the fact that the execution of a characteristic consent form specifies acknowledgement of the stated risks and complications in conjunction with a given treatment or operation, it doesn’t relieve a health care provider from their responsibility of meeting the standard of care in association with such treatment or operations.

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

The first step in deciding whether to pursue a medical malpractice case is to determine whether or not you have been the victim of medical malpractice. Even though not every unfortunate outcome is the result of medical malpractice, if you feel that something is not right, you should react accordingly and consult a qualified attorney knowledgeable of the medical field to evaluate your case. This process generally involves attaining and evaluating medical records and other relevant materials. If it appears that the case is strong enough, the next step in the process involves giving written notification of the claims to the parties suspected to be responsible for medical malpractice.

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Featured Lawyer Article

In law school we learn that a plaintiff complaining that he was injured due to another’s carelessness (negligence) must prove four things: Duty, Breach of Duty, Damages and Causation. The plaintiff must prove all four elements to have a Medical Malpractice Case.



As more and more baby boomers are getting into their senior years, pharmacies are getting busier trying to fill prescriptions, up to 1000 per day. How will this affect the number of pharmacy dispensing errors?

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