What is Considered Medical Malpractice?

If you or a family member have suffered as a result of a physician’s negligence, a malpractice attorney can help you to secure compensation. Any type of negligent error during the course of medical treatment can be the basis of a malpractice case. However, there are certain phases of treatment that are more likely to result in serious mistakes made by medical professionals. A misdiagnosis, in which a physician does not correctly identify the source of a medical problem, the failure to identify a medical issue in a timely manner, errors with medication type or dosage, are all among the most common types of malpractice cases. Failure to provide proper treatment, wrongful amputation, failure to obtain consent before a procedure is performed, improper administration of anesthesia, can also be the basis of a malpractice case.

Some types of care and procedures can lead to more mistakes than others. A birth injury case, in which the doctor causes injuries to a child that are permanent by making errors that were preventable, before, during, or after delivery, are also very common.

Additionally, elder abuse that’s caused by negligent staff members at an assisted living facility or a nursing home can also be considered medical malpractice.

A wrongful death will qualify as malpractice if it happens as a result of a physician’s error during treatment.

How to Determine if You Have Suffered Medical Misconduct

Determining whether or not a healthcare professional has met the standard of care should be based on comparisons of other medical professionals in the same field. Would another physician have provided the same treatment as your physician did in the same circumstances? This is why this type of suit relies on expert witnesses who will explain to a jury whether or not a physician provided appropriate care and acted in accordance with other medical professionals in the same field.

This is what makes this type of case very complex. Lawyers that practice in this area must have experience and the ability to retain the necessary expert witnesses that are needed to determine whether or not medical malpractice has taken place. At Halliday McCall, we have the resources and connections in the medical community to find expert witnesses that will investigate your case and identify how a physician or other type of medical professional failed to provide treatment that was up to standard.

How Medical Malpractice Cases are Handled

A medical malpractice case will have a required set of standard elements that must be proven in order for the victim to be victorious.

The medical malpractice lawyer will need to establish that the doctor or other medical professional was obligated by law to treat the victim.

The victim will also have to prove that the treatment provided failed to meet relevant standards. This is often proven by expert testimony from another physician. The next step is to demonstrate that the mistakes made in treatment led to injury to the patient, including emotional and physical losses. It’s crucial that victims of medical malpractice seek an attorney who is knowledgeable and experienced. Doing so will significantly increase your chances of successful negotiations and a larger settlement.

Obtaining Legal Services

A physician is extensively trained to use medical treatments and practices that are chosen carefully in order to keep their patients healthy.

When a physician fails to perform their job up to standard, the only way a patient will be able to receive justice is through a malpractice lawsuit.

At Halliday McCall, the medical malpractice lawyers have the expertise and experience needed to help victims prosecute a medical malpractice case. This is a firm that hires only the leading medical experts in the field, in order to help prove a malpractice case. The firm will also hire physicians and nurses that can help attorneys research complicated medical issues and provide screening in complex cases.