Medical Malpractice

Medical Malpractice Attorney

Are You or a Loved One Suffering Due to Medical Malpractice?

If you think you or a loved one are a victim of medical malpractice, contact Dunk Law Firm. These cases are often hard. If you want to succeed in your case, it is vitally important to consult with lawyers who have the necessary experience. The medical malpractice attorneys at Dunk Law Firm, have many years of experience handling personal injury claims. They are here to help determine if you have a case.

Lots of people have heard of medical malpractice. You might often associate it with very extreme errors in medical treatment. For instance, performing an invasive surgery on the wrong patient. However, medical malpractice occurs in many less drastic forms. Further, a medical malpractice attorney understands the outcomes can be just as damaging and even fatal.

What Are Typical Types of Medical Malpractice?

Avoidable healthcare errors can comprise a solid case for medical malpractice. These claims might result not just from a surgical error. It could be mistakes done by nurses, doctors, and various other caregivers. Several of the most common medical malpractice cases come from the following kinds of mistakes:

Medication error

This can take the form of:

  • Using the incorrect medication (from a physician's prescription, from an error committed by a pharmacist, or by being given to the wrong patient).
  • Being prescribed a medication that causes major negative effects due to a known allergy or by being combined with other medications.
  • Being prescribed the wrong dose.
  • Neglecting to prescribe a needed medication.

Diagnosis failures

These are circumstances where a physician fails to properly diagnose a problem, resulting in a delay in treatment. This can thereby cause an injury that could have been prevented or minimized. This can also be a doctor failing to perform necessary or adequate diagnostic tests or procedures, or misdiagnosing a problem.

Negligent supervision

This occurs where an individual under the care of a medical facility is not monitored adequately. The lack of supervision can lead to a failure to give adequate and/or appropriate care.

Delayed treatment

A delay in treating a known condition leads to a more serious condition.

Failure to acquire informed consent

As it indicates, this involves injuries caused by procedures in which the care provider neglects to:

  • Fully inform an individual of the likely or possible result of the procedure.
  • Let the individual know the risks associated with a procedure.
  • Fails to acquire any consent whatsoever.

Lack of adequate training or skill or appropriate credentialing.

This case arises when a patient suffers an injury from a medical procedure and the medical provider should not have been conducting because of lack of training or experience.

Birth injuries and obstetric malpractice

This involves cases in which actions or lack of actions during delivery result in permanent injury to the baby or mother.

Surgical mistakes

These cases involve injuries because of a surgeon that took unnecessary or incorrect measures which resulted in injury. Or, if there is a failure to perform the procedure with the care or skill sufficient to meet acceptable standards.

Equipment failure

Many medical procedures rely upon the proper functioning of medical equipment. Failures of equipment due to poor maintenance, calibration, or operation can lead to significant injuries. These are injuries that would not happen when equipment is operating properly.

Insufficient monitoring or follow-up treatment

Many possible complications or negative results from a treatment or procedure-- even if performed correctly-- may not show up until later. A claim for insufficient surveillance happens when medical professionals neglect to look for known possible adverse effects or consequences.

Lack of teamwork or communication

Frequently, patients are under the care of many providers. They could be treated with primary care physicians, specialists, nurse practitioners, and so on. Even in the operating room, teams of surgeons and nurses are all responsible for different parts of patient care. If there is a failure to communicate a vital piece of information between the various individuals in the course of care, major injuries can develop. For example, a doctor who fails to document a medication allergy to a nurse that does not report a patient in distress.

Consult a medical malpractice attorney if you think any of the above is the reason for a major injury or death.

How to Make a Case for Medical Malpractice?

As described above, medical malpractice can take various forms. At the same time, medical malpractice constitutes a certain type of negligence case. In medical malpractice suits, a claimant alleges that a healthcare provider-- which can consist of not only physicians and surgeons, but dentists, therapists, nurses, or individuals working under the supervision of these professionals-- either acted or failed to act in a manner that fell below the accepted standard of practice or care in the applicable medical community. Further, this act or omission results in the injury or fatality of the patient.

However, even when somebody has suffered a severe injury as a result of a medical procedure, proving that you have a valid malpractice claim is not an easy task. Medicine is not a perfect science. Even when everything is done right, things can go wrong.

Most medical malpractice claims, over 95%, resolve before they go to trial. In a number of these suits, the parties settle. For example, when the doctor or hospital believes that the case for negligence is reasonably clear.

However in over half of the claims on file, the defendants will have the ability to dismiss a case for one reason or another. One challenge is that almost all of the proof lies in the hands and minds of the doctors and medical facilities who are defending the cases. Lastly, for those medical malpractice cases that do go to court, plaintiffs win only about one-third of the time.

Should You Contact a Medical Malpractice Lawyer?

If you suffer injuries as a result of poor or faulty care, or someone you love has severe injuries or dies due to the errors of a medical professional, contact Dunk Law Firm for a free consultation. Call (888) 744-5642, or simply use our online case evaluation form right here on this website. Remember, at Dunk Law Firm, you pay no lawyer's fee unless you win your case.

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