Medical Malpractice occurs when a physician 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 physician cannot be responsible for the original underlying medical problem and cannot usually guarantee success in treatment. However, the physicians must ordinarily use an amount of care and skill that are customary among physicians. If the physician does not, then malpractice may occur. The negligence in medical malpractice cases can occur in a variety of ways. Some of those are:
- There may be “medical malpractice” by a delay or failure in diagnosing a medical condition or disease; or
- A surgical or anesthesia related mishap during an operative procedure could constitute “medical malpractice”; or
- A failure of proper care for mother or baby during childbirth; or
- Malpractice may involve the physician’s failure to gain the informed consent of the patient for an operation or surgical procedure; or
- A physician who has made the correct diagnosis, may later commit malpractice by failing to properly treat the condition or disease process;
- Misuse of Prescription Drugs or a Medical Device or Implant can also be medical malpractice.
It is the attorney’s obligation to determine as quickly and efficiently as possible whether the physician has committed malpractice. This is so because MEDICAL MALPRACTICE cases are by their very nature complex, expensive to pursue, have a high risk of no recovery, and often involve catastrophic, life-altering consequences.
The first step involves a meeting between the attorney and potential client. During the initial client meeting the attorney will obtain a medical history including the names of all physicians and hospitals who have rendered medical treatment to the client. It is valuable for a client to prepare a written summary (timeline) of all medical treatment including dates, doctors, symptoms, conversations with medical providers, and treatment received. Thereafter, relevant medical records are obtained by the attorney and reviewed. Sometimes proof of negligence is found in these records. Sometimes experts are consulted to determine if a malpractice has occurred. Medical negligence can occur in a variety of ways. It often has life long consequences.
If you believe your loved one has been the victim of medical negligence you may contact us for an immediate evaluation of your situation by calling 513-842-9029, or toll free at 877-288-3241 .
Court costs and case expenses by law are responsibility of the client.