Medical Malpractice

Medical malpractice is defined as a negligent act or omission by a doctor or other medical practitioner that causes harm to a patient. Negligence can arise because of an error in diagnosis or treatment.

A malpractice suit also may be instituted against hospitals for improper care, such as problems with medications or nursing care, or against governmental agencies that operate hospital facilities. If you or a loved one has been a victim of medical malpractice, contact the experienced attorneys at Novins, York & Jacobus today to discuss your options.

Medical malpractice can result in serious, life changing events. We work to obtain compensation for medical malpractice victims including recovery for:

  • Birth injuries
  • Erb’s palsy
  • Cerebral palsy
  • Failure to diagnose cancer
  • Nurse errors
  • Failure to treat
  • Failure to adequately staff a hospital
  • Surgical errors
  • Anesthesia mistakes
  • Emergency room errors
  • Prescription errors

Understanding Informed Consent

In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient’s “informed consent.” In essence, the patient has made a knowing decision about a medical treatment or procedure after a doctor or other health care professional discloses all the information a reasonably prudent medical provider would give to a patient regarding the risks involved in the proposed treatment or procedure. If the health care provider fails to obtain informed consent, the patient may have a legal claim for damages.

Forms of Medical Malpractice

Any health care provider may commit medical negligence, or medical malpractice. This includes doctors, nurses, pharmacists, and technicians that provide patient care. Medical negligence can occur in any setting where healthcare providers come into conduct with patients, such as doctors’ offices, hospitals, clinics, nursing homes, ambulatory surgery centers, mental health clinics, and diagnostic clinics.  There are many circumstances in which medical malpractice can lead to tragic results. Examples of medical malpractice include:

  • Emergency room errors
  • Surgical errors
  • Medication errors
  • Missed diagnoses
  • Delayed diagnoses
  • Lack of informed consent
  • Anesthesia errors
  • Misdiagnosis of spinal meningitis
  • Gastric Bypass errors

Proving Your Case

To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, that the defendant failed to meet the standard of care owed to the plaintiff, that the mistake actually caused the plaintiff’s injury and that the doctor or other medical professional’s negligence damaged the plaintiff. Proof of causation can be a difficult issue in a medical malpractice case. For one thing, the injuries generally involved in medical malpractice cases require specific medical training to understand, and the normal plaintiff may not know the cause of such injuries.

If you would like to discuss a potential medical malpractice claim, contact Novins, York & Jacobus today.