What is Medical Malpractice?

Medical malpractice occurs when an injury is caused by a doctors deviation from the ordinary standard of care. If your doctor fails to treat your injuries or health condition correctly or fails to properly diagnose it in the first place, and that, in turn, causes new or aggravated injuries, you may have a medical malpractice claim.

Your physician or medical practitioner may have committed medical malpractice if he or she:

Delayed or failed to properly diagnose your health condition or disease
Failed to give the appropriate applicable treatment for your health condition
Treated you negligently, causing you harm
Injured you during a surgical procedure
Prescribed the wrong medicines or medical devices

Medical malpractice claims may be filed against:

Physicians (Including Surgeons and Non-Surgeons)
Nurses
Hospitals
Surgery Centers
Clinics
Chiropractors
Dentists

While medical malpractice often involves surgical procedures, such as wrong site surgery, wrong patient surgery, or leaving medical tools or supplies inside the body; it can also involve non-surgical diagnosis and treatments. A common claim for medical malpractice involves obstetrical malpractice, when the baby in injured during labor or delivery.

Informed consent is another important part of practicing medicine today. Even if your doctor performed your procedure correctly, if you were harmed by the procedure and your physician did not fully inform you of the risks, your doctor may be held liable.

If your physician performed an unnecessary surgical procedure because of a misdiagnosis, you may be able to recover damages through a medical malpractice claim. It is important to note that if you were not hurt by your medical practitioners mistake you have no damages and cannot receive compensation for medical malpractice.

If you think you may have a medical malpractice claim, you should speak to a qualified medical malpractice lawyer immediately so that you may collect and preserve all of the necessary medical records and information with your lawyers help.

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