Plaintiffs' Personal Injury Law Firm

What Constitutes Medical Malpractice?

Medical malpractice occurs when a medical professional's conduct or behavior falls below the expected level of standard care and these actions result in significant harm to a patient. It usually takes another medical professional or several experts to assist in proving that the doctor's behavior fell short of his training. They may be called upon to testify how they would have handled the situation and what actions are normally expected in this particular medical case. This testimony will help determine whether or not the doctor's actions were inappropriate or could be considered negligent.

Significant harm or damage must have been suffered by the patient in order for the case to be considered a medical malpractice case that bears merit. Simply an incorrect diagnosis that delays recovery for a few days would not qualify as real damage. One example of real damage is a case where a patient accidentally ingested insecticide. The doctor gave an incorrect diagnose and in turn did not give the proper antidote. The patient suffered permanent brain damage. Another factor in determining the validity of a medical malpractice case is whether or not you can prove that the damage or injury was a direct result of the medical professional's actions or lack of actions. This is not always easy to do.

Sometimes attorneys for the doctors will attempt to imply that guilt does not exist because the patient signed an informed consent. Doctors have an obligation to explain to their patient that a certain medical procedure may be risky and what side effects may result from the procedure. The doctor is then supposed to have the patient give consent to perform the procedure with full knowledge of the risks. However, having signed an informed consent document does not in itself prove that your doctor gave you a complete and thorough explanation of all the risks involved. On many occasions, doctors will ask their nurses to obtain the signatures for this form without offering any information about risks and side effects or they may offer very little information about the procedure. If an injury results from the procedure, the doctor can still be liable for medical malpractice.

There is also the statue of limitations to consider. Individuals have a certain amount of time to file a claim of medical malpractice. Usually it is between two and four years after the injury depending upon what state you live in. If you believe that you have suffered real damage due to the negligent behavior of a medical professional, take a moment and fill out the "Quick Contact" form on the home page of this website. The professional and skilled attorneys at Napoli Bern Ripka Law Firm will compassionately listen to your case and evaluate the possibility of compensation.