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Medical & Dental Malpractice

Medical & Dental Malpractice

medical_malpractice

Unfortunately, doctors, dentists and other medical personnel, like everyone else, make mistakes. If a patient is damaged by the medical provider’s mistake, the patient may have a claim for medical or dental malpractice.

Medical mistakes kill or disable roughly 98,000 people every year. Types of malpractice claims include improper or delayed diagnosis, improper care or procedures, and lack of informed consent.

How Do You Establish Medical Malpractice?

It can be very difficult to win a medical malpractice case. Just because a positive result was not achieved doesn’t mean that the medical provider committed malpractice. Unfortunately, medicine is not an exact science and the “best result” is not always achieved.

To win a malpractice case against a medical provider is must be shown that the medical provider “fell below the standard of care” or, in other words, that the medical provider failed to use the ordinary skill and care that would be used by other medical providers handling a similar problem or case under similar circumstances in that community. To win a malpractice case against a medical provider under a negligence theory, the following must be also proven:

  • duty — that the medical provider owed the client a a duty to act properly. This is established by the existence of an doctor-patient relationship.
  • breach — that the medical provider failed to use ordinary skill and care that would be used by other such medical providers in that community.
  • causation — that the medical provider’s conduct caused damages to the patient.
  • damages — that the patient suffered losses as a result.

What To Do If You Suspect Medical Malpractice……

If you suspect that your medical provider committed malpractice, you should start by asking him or her questions. Why did the questioned result occur? What went wrong and why? Is the result a known risk of the process? If the answers do not make sense or if you have suspicions, then you should seek a second opinion from another medical provider in the same field. Only another medical provider can testify and establish medical negligence and that second opinion is critical. Of course, you should also consult an experienced attorney in this area who can assist you in evaluating your case and obtaining a second opinion.

Remember That Time Is Of The Essence…

You should not delay in speaking with a lawyer if you are think that your medical provider committed malpractice. A successful case must be investigated immediately. Evidence must be preserved. Additionally, the law provides certain time limitations in which action must be taken. If the required action is not taken within that time, your case will be lost forever!

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