Medical MalpracticeWe have successfully represented plaintiffs in civil matters for more than three decades.
Medical malpractice is a result of negligence, a lack of care or a medical mistake by a medical professional (doctor, nurse, medical technician, psychiatrist, hospital, dentist, or other health care provider). All medical professionals should be meeting standards of care and using their skills, knowledge and experience to avoid making life-altering mistakes.
Every medical professional, regardless of the specialty, has a standard of care they must adhere to. All patients deserve the best possible treatment a medical professional can provide. Unfortunately, there are some medical professionals that are negligent or they make a mistake that causes serious health problems for their patient(s).
Medical malpractice does not occur every time medical treatment is not successful.
The duty of a health care professional is not to cure, or even to guarantee a good outcome from treatment. Rather, the duty is to provide good medical care according to accepted standards. Medicine is not an exact science and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or are evaluated by skilled doctors with the utmost care.
A misdiagnosis becomes medical malpractice if health care professionals fail to obtain proper medical histories, order appropriate tests and/or recognize observable symptoms of illness.
Do I have a case?
Medical malpractice is a very broad concept that encompasses virtually every kind of mistake that could be made by a medical professional. The most common cases brought against doctors and health care providers are:
- improper diagnosis
- failure to diagnose
- medication errors or improperly prescribing drugs
- surgical errors, i.e. accidentally severing a nerve during an operation
- medical instruments, sponges, needles or other foreign objects left inside a patient after surgery
- errors in prenatal diagnostic testing
- failure to advise of diagnosis
- lack of informed consent
- abandonment (failure to attend to a patient)
- failure to inform a patient of available treatments
- continuing ineffective treatments
- below standard treatment or incorrectly performed treatment
Medical malpractice can occur at any point in the course of diagnosis and treatment.
A doctor has a duty to use care and diligence to diagnose your illness in order for the proper treatment to be recommended. In order to properly diagnose a condition, a doctor should ask about a patient’s medical history as well as his or her family’s medical history. The doctor also should ask for a detailed description of current symptoms and should perform a thorough examination, including all necessary diagnostic tests.
Doctors also have a duty to disclose information pertaining to the treatment you will receive. If your condition is such that it is beyond the scope of practice of the examining doctor, or beyond the doctor’s expertise, he or she must refer you to a specialist. If your doctor fails to follow these basic principles, and injury is caused as a result, you may have a case for a malpractice claim.
What can I do?
In Medical Malpractice cases it is essential that measures be taken to promptly preserve evidence and thoroughly examine medical records to determine that the nature and extent of your injuries are the result of negligence on the part of your attending medical staff. Moving promptly enables other expert medical witnesses to support the cause of your injuries to establish responsibility.
If you or a loved one have been the victim of Medical Malpractice
If so, please contact Geiser, Bowman & McLafferty at 614-222-4444 / 877-706-6446. Our initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf. You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.