Medical Malpractice
Medical malpractice law protects patients in the event that a negligent act or error by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error or errors in a diagnosis, treatment, or illness management. If a doctor’s actions deviated from generally accepted standards of practice and such negligence resulted in injury or death to a patient, a case could be brought against:
- the doctor;
- the hospital for improper care, such as problems with medications, sanitation, or nursing care; and/or
- local, state, or federal agencies that operate hospital facilities.
Medical malpractice laws are designed to protect patients’ rights to pursue compensation if they are injured as the result of negligence. Medical malpractice lawsuits are very complex and costly to win.
To pursue a medical malpractice lawsuit you must be able to prove the following:
- that the doctor, nurse, hospital, or other health care provider undertook the care and treatment of the patient, and therefore had a duty to use reasonable care to avoid causing injury to the patient;
- that the health care provider was negligent in fulfilling that duty; and,
- that the negligence of the health care provider was the “legal cause” of the injury suffered by the patient, including the worsening of his condition and/or death. Negligence is the "legal cause" of an injury if it directly and substantially contributed to producing the injury.
Contact the Law Offices of David N. Sloan, Esq., today, to discuss your particular case with a professional, compassionate lawyer.