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Medical Malpractice

A bad result while being treated by a medical professional is not necessarily malpractice. The plaintiff must prove that a physician “deviated from the acceptable standard of care”.

Medical Standard of Care: Examples of a treatment or diagnose that may deviate from the acceptable medical standard of care are:

  • Lack of Informed Consent
  • Misdiagnosis or Delay in Diagnosis
  • Negligent Treatment or Delay in Treatment

Causation: Secondly, that deviation must have “caused” injury to the patient. There must be a “reasonable medical probability” that the deviation caused harm or what is known as “damages”.

    Damages:
  • Pain and Suffering (including emotional distress); Loss of Enjoyment of Life
  • Disability; Economic Loss; Medical Bills
  • Injuries to a Fetus/Preconception Injuries; Loss of Fetus
  • Wrongful Death; Wrongful Birth

Generally speaking, you need a serious permanent injury caused by malpractice to have a viable case. Rarely does a malpractice case settle before trial is about to commence.

Medical malpractice litigation is highly complex and difficult litigation. Do not hire an inexperienced unknowledgeable attorney. If our firm is not the best firm to handle your particular matter, we will refer you to a firm that is best suited for your case.

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