While we would like to believe that physicians and other healthcare providers never make mistakes, this is far from the truth. In reality, medical malpractice leads to an untold number of injuries and death in the United States every year.
When medical malpractice occurs, I and my firm seek to hold negligent physicians, hospitals, clinics, and healthcare providers liable to the fullest extent of the law.
“Mark took over my car accident case from another attorney that I fired. Mark worked hard on the case for several months to get ready for trial. Shortly before trial he got a settlement that was six times more than the offer my first lawyer tried to get me to take.“
Seeking Justice Against Medical Providers Causing Harm
Seeking justice against those who are responsible for medical malpractice can be daunting. There is a strong incentive not to provide damaging evidence. Physicians are notoriously reluctant to testify against other physicians who cause medical malpractice, even in circumstances in which the medical malpractice may be clear to a trained healthcare provider.
What Constitutes Medical Malpractice, and What Must Be Proven?
Medical malpractice occurs when a physician or other healthcare provider fails to meet or adhere to the reasonable standards of care expected when providing treatment. When providers fail to meet the expected standards and harm results, this will constitute medical malpractice.
It is important to understand that physicians and healthcare providers do not need to be perfect, nor do they need to be the best in their field. Similarly, even when adequate treatment is provided, nonetheless an unexpected and unfortunate outcome may transpire, particularly in the case of a patient dying. Medical procedures – particularly surgery – carry inherent risks, such as complications, infections, and other matters that even the best doctors cannot prevent.
In order to prove medical malpractice, experts (such as other physicians who may be expert practitioners in the particular medical field concerning the case at hand) are needed to provide their opinion as to what type of care and treatment should be expected. Such opinion will then constitute the standard of care that should have been provided.
Next, it must be shown how the physician or healthcare provider in question failed to meet such standard.
As an example, during surgery, a surgeon is not expected to leave medical instruments in the patient. While this may be a clear-cut example of medical negligence; other cases are not always as clear, such as whether a particular course of treatment or testing was appropriate.
Types of Medical Malpractice
There are many types of medical malpractice that can be committed, including the following:
- failing to properly recognize a symptom or disease, such as cancer,
- delay in treatment,
- surgical error,
- improperly releasing a patient from a medical facility when additional care is warranted,
- prescription error,
- birth delivery error.
The foregoing are only some examples of medical malpractice; there are additional ways that medical malpractice can occur.
Medical Malpractice Law
Medical malpractice law is extremely complex. Additionally, in medical malpractice litigation, physicians, hospitals, clinics, and other healthcare providers can be expected to contest vigorously all allegations of medical malpractice. These providers almost always have significant insurance policies that are triggered upon a medical malpractice claim, which in turn result in insurance companies and their teams of lawyers getting involved.
Victims of medical malpractice thus need experienced legal counsel.
With more than 30 years of representing injured clients and the families who have suffered from the wrongful death of a loved one, I can help. I have long represented clients in numerous complex cases, and have obtained successful outcomes both through negotiated settlement and at trial.
I accept medical malpractice cases on a contingency fee basis, so you will not owe any fees during the time in which your case is proceeding, and you will only owe a fee if compensation is obtained.
Please call me for a free consultation and to learn more about the options that you may have for your case.
CLICK HERE to view our case results.
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.