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Common Issues in Medical Malpractice

Mistreatment, errors in surgery or treatment, errors of diagnosis, mismanagement of a patient's recuperative treatment, the prescription of inadequate or wrong medications, and failure to secure medical facilities such that accidents will not occur are all examples of the negligence that can result in medical malpractice. In such cases, a personal injury victim may consult with medical malpractice lawyer who may be able to help them make a legal case for medical malpractice against the doctor, nursing, or other medical staff involved in the negligent act, the hospital or other medical facility where the negligent act took place, the third party organizations who employ or maintain the medical staff or facility, or the local, state or federal agencies that operate and qualify medical staff or facilities.

In general, no one can guarantee good medical results when treating a patient. An unexpected or unsuccessful result of medical treatment does not necessarily constitute medical malpractice. However, if you believe that your personal injuries were the result of a doctor's medical malpractice, a consultation with an experienced medical malpractice lawyer well-versed in the types of negligence that occur in medical malpractice cases can be of great value in assessing your personal injury case.

Proving Negligence in Medical Malpractice Cases

Medical malpractice cases commonly proceed under a theory that a medical professional was negligent in treating a patient under their care. To establish negligence, a medical malpractice victim must usually prove:

  • the existence of their personal injury;
  • the existence of a duty owed them by a medical professional, such as in the case of a doctor-patient relationship;
  • that a medical professional deviated from an accepted standard of care, therefore committing a breach of the duty owed to them as a patient; and
  • a causal relationship between the medical professional's deviation from an accepted standard of care and their injury.

The Doctor-Patient Relationship

The duty of a physician or other medical professional arises out of the relationship between him and his patient. When a doctor serves a person's medical needs, either by their implied or informed consent, that physician has a moral and ethical obligation to use sound medical judgment in the patient's treatment and do no harm to them. This relationship between a patient and a doctor is based on trust, obligating the doctor to place the patient's welfare above his own self-interest or his obligations to any other group, including his employer. This obligation is a duty to the patient, and any act that unreasonably places the patient in harm's way or further damages the patient is a breach of that duty

Accepted Standards of Care

A medical provider may be guilty of negligence if one can show that her conduct fell below or outside the boundaries of a generally accepted standard of medical care. To establish what standard of care applies, an injured person must present an expert witness or witnesses who can testify to the commonly accepted care standards of the doctor's practice area, often within the local community. An expert witness is usually another medical professional with experience in the practice area in question who can explain exactly how the doctor failed to meet the standards of care.