In terms of medical malpractice tort law, medical negligence is usually the basis for a lawsuit demanding compensation for an injury caused a patient by a doctor or other medical professional. Essentially, medical malpractice occurs when a healthcare professional fails to exercise the same degree of care and skill as another healthcare professional would in the same field and under similar circumstances. These cases are also referred to as “medical negligence” cases.
Medical negligence is often confused for medical malpractice, when in fact, negligence is only one aspect of a meritorious medical malpractice claim. Medical negligence occurs when a doctor, dentist, nurse, surgeon or any other medical professional performs their job in a way that deviates from the accepted medical standard of care.
While medical negligence does not always result in injury to the patient, it is still an act of negligence. According to the Journal of the American Medical Association, over 225,000 people die each year from unneeded surgery, medication errors, errors and infections in hospitals, and contrary effects of medication.
Needless to say, medical malpractice litigation can be a very long and distressing process. Proper evaluation of a medical malpractice case requires a detailed gathering of information and medical records, study of the medical literature, and consultation with a doctor as to whether the standard of care was met, and, if not, if severe injury was a result.
Medical malpractice cases need an expert who will testify that the defendant doctor committed malpractice. The court will not allow the case to go to trial without an expert. Medical malpractice cases are generally an expensive and time consuming process involving expert testimony and detailed investigation. It is not unusual for medical malpractice cases to cost tens of thousands of dollars to pursue, and several years to resolve. Fortunately, the medical malpractice attorneys of Dwyer, Williams, Potter understand the importance of timeliness and accuracy in the area of medical malpractice, and will work around the clock to get you the settlement you deserve.28 April,2011