Medical Malpractice – An Attorney’s Overview

Medical malpractice is perhaps the most specialized and dramatic area of personal injury. Times have changed since we called the good ol’ family doctor who treated everything from broken bones to migraines. Medicine has evolved, and not all these changes are to the patient’s benefit.

The deck is stacked against a medical malpractice claimant. The law favors physicians and healthcare providers, and they rarely admit fault. Believe it or not, doctors are only required to provide “average” care, even if they present themselves as the top in their field. Their insurers have a fleet of trial lawyers and medical personnel ready and waiting to fight in court.

It’s also important to remember that for as advanced as humanity is, medicine is still an inexact science that does not guarantee results. (Just like law, as a matter of fact.) This is why an adverse result from risky procedures are often not considered to be medical malpractice, because it was a “known risk.” It’s not always the doctor’s fault, and only an investigation can tell us that.

This type of claim needs a lawyer whose practice focuses on personal injury — one who understands not only the law, but also the complex medical issues involved in determining whether a provider has lived up to the profession’s standards. These cases almost always go to trial, so you also need someone who can translate medical jargon for a jury.

To learn more, read Attorney Malis’ article in American Association for Justice about the myths surrounding medical malpractice.

Medical Malpractice Is:

All claims against a doctor, nurse, medical institution, or hospital arising out of negligence or failure to provide proper care.

Medical malpractice includes:

• Unnecessary surgery
• Incorrect diagnosis
• Incorrect treatment
• Surgery on the wrong part of the body
• Inappropriate or unadministered medications
• Failure or delay to properly treat a patient
• Failure to warn about the risks of treatment