MEDICAL MALPRACTICE

Medical malpractice is an act or omission of a healthcare provider which deviates from expected standards of practice in the medical community and causes injury to the patient. A plaintiff must prove that the healthcare provider (doctor, nurse, hospital, therapist or others) were negligent in that they did not do what they were supposed to do.

In other words, for a plaintiff to be successful in a malpractice case, the plaintiff must show that the healthcare provider failed to provide the minimum that a patient had a right to expect. However, it is not enough that the healthcare provider was negligent. The plaintiff also has to prove that the negligence was the cause of the bad outcome or result. It is also important to note that malpractice is never presumed. Malpractice cannot be presumed by the fact that a patient had a bad result. The plaintiff must always show, through expert medical testimony, that negligence occurred and the negligence was the cause of the bad outcome. To establish a case of negligence in a medical malpractice action, a plaintiff must usually present expert testimony to establish the relevant standard of care, the doctor’s breach of that standard, and a causal connection between the breach and the plaintiff’s injuries. In order for the plaintiff to win at trial they will need to prove there were departures from a well-accepted standard of medical care, and that the negligence was the proximate cause of the injuries. Fattore Law has the experience needed to handle your medical malpractice case.

At least 44,000 reported and possibly as many as 98,000 Americans die every year as a result of negligence by a hospital. This means that more Americans are dying annually from hospital medical errors than from motor vehicle accidents, breast cancer, or AIDS. This statistic does not even include the mistakes made in ambulatory centers and in doctor’s offices.

If you were in a hospital recently or a doctor’s office and have had a slow recovery, it is possible that you may have been a victim of hospital malpractice. If pain persists, make sure that you obtain a second opinion from another doctor. If you are someone who now learns that the medical care was below the accepted standard of hospital care, our firm is here and willing to discuss your legal rights.