Medical Malpractice
What is Medical Malpractice?
A potential medical malpractice case exists any time a medical or health care provider undertakes care of a patient and a duty to the patient was breached by failing to maintain a relevant standard of care resulting in injury or harm (i.e., damages). The duty to the patient is breached as the medical or health care provider commits an act or omission that causes a deviation in care. The medical or health care provider can include physicians, nurses, dentists, therapists, and other types of non-physicians who act negligently. Organizations including hospitals and clinics may also be potentially liable for medical malpractice.
Significance of Medical Malpractice
The injury or harm the result of medical malpractice is significant as patients seek help from health care professionals when sick or physically and/or mentally afflicted. Patients expect medical professionals (and related staff and organizations) that care for them to be trustworthy, ethical, and well-trained. Unfortunately, medical malpractice is a common problem leading to avoidable injuries and death. Accordingly, it is permissible to hold medical and health care professionals, staff, and organizations accountable when medical malpractice results in injury or harm to patients.
Medical Malpractice Lawsuits
Medical malpractice lawsuits seek to obtain compensatory, and at times, punitive damages for harm or injuries received by the patient. Compensatory damages are sought to remedy the burden caused economically and non-economically. Economic damages may include medical expenses, loss of earning capacity (or lost wages), and expenses related to life care. The economic damages may be assessed to losses both in the past and future. Non-economic damages are assessed to the patient’s injuries. Injuries may include physical and psychological harm including that manifest as severe pain, emotional distress, or reduced enjoyment of life as the result of disability. Punitive damages may be awarded if the medical malpractice was the result of wanton and reckless conduct.
Medical malpractice cases may involve:
- Anesthesia errors
- Birth injuries or trauma
- Defective drugs
- Defective medical devices
- Dental negligence
- Failure to secure informed consent
- HMO malpractice
- Inadequate sanitation
- Medical misdiagnosis
- Medical mistakes
- Misread X-rays or mammograms
- Nursing home abuse
- Serious Reportable Events (SREs)
- Surgical errors
Medical Malpractice Legal Assistance
Statutes of limitations do exist in medical malpractice cases, so it is important to seek legal assistance if you or a loved one has been injured or harmed by an act or omission by a medical provider that deviates from accepted standards of practice and results in injury or harm, or even death. The attorneys and lawyers at Seeger Weiss LLP, with offices in New York, New Jersey, Pennsylvania, Oklahoma, and California, are experienced at assisting patients seek compensatory and punitive damages in cases involving medical malpractice. For a free initial medical malpractice case evaluation, please contact Seeger Weiss or call toll free at (888) 584-0411.
