Medical Negligence or Medical Malpractice is the failure of a health care provider to follow the accepted standards of care, based on the information known or should have been known by the provider at the time, by doing something outside the standard of care or failing to perform actions required by the standard of care. The standard of care is measured by whether or not a similarly educated physician, engaged in the same type of medical practice, would render the same treatment. An individual bringing this type of actions must prove the applicable standard of care and, through expert testimony, prove the healthcare provider breached that standard.
Even if a healthcare provider was negligent, the individual must prove that the injuries and damages were caused by that negligence. It is possible that injuries may occur that are characterized as acceptable complications under the standard of care. This creates the potential for minimal or no recovery for complications even when severe injury follows.
An individual must then prove the value of the damages suffered that are directly related to the negligence and their financial value. Damages include but are not limited to pain and suffering, lost or diminished income, medical and other expenses. Only expenses directly related to the negligence may be reimbursed.
In order to provide an individual with proper advice, we must be aware of the facts of the case. Please contact us for an initial consultation at no charge, to discuss a potential claim and how our firm handles investigation and representation.