MEDICAL MALPRACTICE

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Your relationship with your doctor is a special relationship based upon trust. You trust your doctor with your life. You trust your doctor to abide by the expression “First, do no harm.” You trust your doctor to follow the American Medical Association’s Principles of Medical Ethics that a physician shall regard “responsibility to the patient as paramount.”

It takes doctors years and years of specialized education, a medical residency, an internship at a hospital, and numerous exams before they are allowed to practice medicine. Further, as the medical field becomes increasingly specialized, and as
technological innovations are employed in the medical field, the average person has no choice but to rely more and more upon their doctor’s good judgment. From the perspective of a patient, you trust and rely upon the expertise of your doctor to take care of you and heal you. You have a right to expect a high level of expertise from your doctor.

There are standards of care with which medical practitioners are expected to comply.  Because of the responsibility physicians have to use due care and diligence in diagnosing and treating your medical problem, doctors are educated and trained longer than just about anybody else. Most of the time, things go well. However, doctors are human and, occasionally, a mistake is made. Unfortunately, a doctor’s innocent, but negligent, mistake can result in a patient’s death, paralysis or a lifetime of suffering. We are taught as early as kindergarten, if we make a mistake and hurt someone, we have to step up and make it right. That’s where the justice system can help you, the patient.  If a healthcare professional causes harm to you or a family member by not meeting the applicable standard of care, the law provides legal remedies for you, and you should contact a lawyer to investigate the situation.

From our experience, some of the more common problem areas involving medical mistakes are:

  • Emergency Room errors
  • faulty diagnosis of the underlying condition (misdiagnosis)
  • prescription of the wrong medication or dosage for the condition
  • attempting to treat beyond the scope of the doctor’s expertise
  • failing to call in a specialist
  • incorrectly-performed treatment or surgical error
  • failure to diagnose
  • below-standard treatment

If your gut instinct suggests that something was not done right, you might be right.  Preventable medical errors claim the lives of approximately 400,000 people in the United States every year (approximately 1,000 people per day, or about the equivalent of two 747 airplanes crashing every day), according to evidence presented at a United States Senate hearing on July 17, 2014 by a physician who is a professor at the Harvard School of Public Health and president of the National Patient Safety Foundation.

If your doctor fails to provide proper care and treatment that meets the accepted standard of care, resulting in harm to you or a family member, you may have a case for medical negligence or malpractice. But because not every bad outcome means there was medical negligence, it is necessary to carefully investigate each situation, and if called for, have an evaluation made by a qualified medical specialist(s) on the issue of whether the doctor breached the applicable standard of care, and if so, what harm that breach of care caused.

Call us at (304) 485-4516 to schedule an initial consultation at our office, which is free of charge. Once we enter into a signed contract with you, we will work for you on a Contingent Fee basis (we get paid for our work only if we obtain a monetary award or recover funds for you.).

 

The Goldenberg Law Firm, PLLC
is a plaintiffs-only law firm focused on zealously representing injured victims of car wrecks, sexual harassment or discrimination at work, medical malpractice, and other catastrophic injuries. The founding partners...Learn More

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