Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatric hospital or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. In these cases, it’s necessary to engage a medical malpractice lawyer.
A doctor has a duty to you to use care and diligence to diagnose your illness so that the proper treatment can be recommended. Therefore, 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 determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area.
In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community. The Law Offices of Marc. J Shuman & Associates, LTD. provides aggressive representation to victims of medical malpractice.
A Medical Malpractice Lawyer Can Help
Going up against a medical facility or professional can be daunting and intimidating. Therefore, contacting a medical malpractice lawyer will help you get what you deserve. This eliminates the stress of doing it on your own. An experienced attorney knows exactly how to address a malpractice claim and will go after the at-fault party aggressively. Furthermore, a good lawyer is working for their client and has the victim’s best interests in mind.
Part of the lawyer’s job is to investigate and determine whether or not the medical professional has acted within the standard of care. Additionally, the lawyer will investigate other issues relating to your care. Including the device that was used and if it was functioning correctly. Therefore, with a good lawyer on your side, you can rest easy that you will receive the proper compensation.
Injuries From Medical Devices
One area in which medical malpractice occurs is medical devices. The Federal Drug Administration reports that it receives several hundred thousand reports pertaining to medical device problems. Consequently, these problems include serious injuries, malfunctions, and even deaths associated with the suspected device.
Therefore, anyone who has an injury from the use of a malfunctioning device should recruit a lawyer to help file a malpractice claim. This will often be filed against the company that manufactured the device.
When the FDA is informed of a problematic medical device, they send out a recall list. If a medical provider uses one of the recalled medical devices, there’s a chance that you can file a medical malpractice claim against the provider. Therefore, you can receive compensation for your pain and medical bills.
What Constitutes Medical Malpractice?
Medical malpractice facts dictate that if the patient care or treatment provided falls below the accepted standards of practice in the medical community and causes harm to the patient, it may constitute professional negligence. Furthermore, medical malpractice can take many forms.
Some common examples of medical malpractice or negligence that could lead to a lawsuit are:
- Failure to diagnose
- Misreading lab results
- Unnecessary surgery
- Incorrect medication
- Improper prescription dosage
- Delayed treatment
- Disregarding patient history
- Failure to obtain proper consent
- Failure to order proper tests
- Poor follow-up care
Unfortunately, the list goes on and on.
Since 1996, the Law Offices of Marc J. Shuman & Associates have been helping Medical Malpractice victims, all injured victims and their families, navigate the complex legal process. As experienced personal injury, worker’s compensation, and wrongful death attorneys, we can help you evaluate the facts, assess your options, navigate the legal challenges, and advocate on your behalf.
Marc J. Shuman & Associates has over 77 combined years of experience advocating for over 20,000 injury victims and their families. We advocate on your behalf, so you can focus on the task of recovery.