Medical Malpractice
FAQs
1. What is medical malpractice?
Medical malpractice occurs when a health care provider
causes injury or death to a patient by failing to act
within the applicable standard of care. In other words, a
physician or other health care provider commits medical
malpractice and is negligent when he or she fails to act
reasonably under the circumstances and the unreasonable
conduct causes harm.
2. What kind of mistakes can result in medical
malpractice?
- They did not get clear
permission before operating on you.
- They did not diagnosis
you properly.
- They did not perform the
operation properly.
- They did not anticipate
a problem which they should have.
3. How does a case
result in medical malpractice?
In determining whether a medical practitioner made a
mistake, the court will consider what reasonable, prudent
medical practitioners would have done in the same
situation. If the medical practitioners did not meet that
standard, they could be found negligent.
4. What is the definition of a medication error?
A medication error is defined as "... any preventable
event that may cause or lead to inappropriate medication
use or patient harm, while the medication is in the
control of the health care professional, patient, or
consumer. Such events may be related to professional
practice, health care products, procedures, and systems
including: prescribing; order communication; product
labeling, packaging and nomenclature; compounding;
dispensing; distribution; administration; education;
monitoring; and use".
5. How does a jury
determine if a doctor's actions were within the standards
of good medical practice?
A jury will consider testimony by experts--usually other
doctors, who will testify whether they believe your
physician's actions followed standard medical practice or
fell below the accepted standard of care. In deciding
whether your heart surgeon was negligent, for example, a
jury will rely on expert testimony to determine what a
competent heart surgeon would have done under the same or
similar circumstances.
6. I signed a consent form before my doctor performed
surgery. What did it mean?
It is common practice in hospitals for patients to sign a
form giving the doctor their consent, or approval, to
perform surgery. In the form, the patient usually consents
to the specific surgery as well as to any other procedures
that might become necessary. Before you sign it, your
doctor should give you a full description of the surgery
and the risks involved, and the ramifications of not
getting such treatment. If you can prove that your
physician misrepresented or failed to adequately inform
you of the risks and benefits before surgery, your consent
may be invalid.
7. What do I do if I think I have a medical malpractice
claim?
Contact an experienced
medical malpractice lawyer at Epperly & Follis, P.C.
Tell us exactly what happened to you, from the first time
you visited your doctor through your last contact. What
were the circumstances surrounding your illness or injury?
How did your doctor treat it? What did your doctor tell
you about your treatment? Did you follow your doctor's
instructions? What happened to you? Answers to these and
other relevant questions become important if you think
your doctor may have committed malpractice.
8. What if I'm just not satisfied with the results of
my surgery? Do I have a malpractice case?
In general, there are no guarantees of medical results.
You would have to show an injury or damages that resulted
from the doctor's deviation from the appropriate standard
of care for your condition.
9. What is the medical malpractice standard of care?
This is the degree of care and skill that the average
qualified doctor would provide to a patient who sought
medical care for similar symptoms and circumstances.
10. My doctor made a mistake and admitted it. Do I have
a malpractice case?
An experienced medical malpractice attorney can help you
to determine if your case has merit. Many mistakes are
simply that, but if your doctor's mistake was the result
of negligence or failure to meet the expected standard of
care, then the answer may be yes. Damages may be
recoverable for you under medical malpractice laws.
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