1. What is the definition of medical malpractice?
When a health-care professional is responsible for the injury or death of a patient, medical malpractice is the result. This happens when a medical provider does not meet the standard of care that is required. Medical malpractice is another term for medical negligence, which occurs when a health-care professional fails to take reasonable precautions, and those acts or omissions cause injury to the patient.
2. What types of medical errors can be the basis for a medical malpractice lawsuit?
Some common forms of medical negligence include:
- Misdiagnosis or failure to diagnose a medical condition
- An operation or other procedure that was not done correctly or on a timely basis
- Not detecting a problem in time to address it properly
- Not getting proper permission before operating
- A medical condition that was not treated properly.
3. How is it decided whether a doctor or other health-care provider committed malpractice?
A judge or jury in court has to decide whether a medical professional made a mistake. This process involves considering how reasonable and conscientious practitioners would have handled the same type of situation. If the court concludes that the physician or other medical professional failed to meet that standard and caused you harm, they could be found liable for negligence.
4. What is a medication error?
This type of error is defined as a preventable circumstance that may have caused unsuitable medication or an inappropriate dose to be administered. The medication in question could be in the control of a medical provider, patient or consumer at the time of the error. Furthermore, the events surrounding the use of the improper medication could be related to a medical practice, procedures or systems, which include:
- Writing prescriptions
- Communicating orders
- Medication labels and packaging
- Compounding medication
- Dispensing prescription drugs
- Distributing and administering medicines
- Educating the patient about medications
- Monitoring the application of the medication
- Using the medication.
5. How can a jury decide if a doctor or other health-care professional acted within the accepted medical standard of care?
A jury must make its decision based on the testimony of medical experts. These experts are typically other doctors who will state whether the physician or other medical professional in a particular case followed standard medical practices or failed to meet these specific guidelines. The applicable standard of care looks at how a reasonable medical professional with similar qualifications would have acted in a similar circumstance.
6. What is the effect of signing a consent form before a medical procedure?
Most hospitals ask that patients sign a form that gives their doctors approval before any surgery is performed. This form outlines a patient’s consent to a specific type of surgery in addition to any other procedures that might be needed. Before signing, you should make sure to get a full description of the surgery and any risks involved. Also, your doctor must let you know of the consequences of avoiding surgical treatment altogether. This is often called “informed consent.” In other words, you have to know what you are agreeing to. If you are able to show that your doctor did not give you all of the facts before the operation took place or if you were not informed of the risks prior to the surgical procedure, your consent may be viewed as invalid.
7. What steps do I need to take if I feel that I have a medical malpractice case?
The first thing you should do is call the Syracuse medical malpractice attorneys at the Law Offices of Scott C. Gottlieb & Associates, LLP. Let us know exactly what happened, starting with your initial consultation right through your last interaction with the medical professional involved. We also need to understand the circumstances of your illness or injury, how your doctor treated it, what your doctor informed you about this treatment, if you followed your physician’s instructions and what happened to you as a result. The answers to these questions, among others, are important in order to figure out if a doctor or hospital is liable for medical malpractice.
8. If I’m dissatisfied with my surgery, do I have a valid malpractice claim?
Generally speaking, there are never guarantees when it comes to the outcome of a medical procedure. To receive damages, you must prove that your doctor did not provide you with the standard level of care required for your condition.
9. What is the standard of care for medical malpractice?
This is the degree of care and skill that the average qualified doctor or other medical professional would provide to a patient who sought medical care for similar symptoms and circumstances.
10. My doctor admitted to me that he made a mistake. Does this mean I have a medical malpractice claim?
Mistakes can happen. But if a mistake occurred due to negligence or not meeting the standard of care, then you may have a case. You may be eligible to receive damages under medical malpractice laws. However, it’s important to discuss your circumstances with an experienced medical malpractice lawyer to determine if your claim is valid.
11. I have more questions about my medical malpractice claim. What should I do?
Feel free to contact our medical malpractice lawyers at your convenience. We’re happy to answer any questions and talk about the details of your case. Call Scott C. Gottlieb & Associates, LLP, at 888-319-8609 or (315) 314-5390, or contact us via our online contact form for a FREE case review.
