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Tag: Medical Negligence

How To Define Duty of Care: Understanding Its Role in Medical Malpractice

To define duty of care means recognizing the responsibility healthcare providers have to deliver treatment that meets established standards, ensuring patient safety and well-being. It empowers patients and engenders trust in the healthcare system. It is also where legal and ethical considerations can come into play in medicine.

Duty of care is a key principle in cases involving medical malpractice. Failure to fulfill it can have disastrous results. Physical harm, emotional trauma, and even death are all possible consequences of such negligence. Beyond individual tragedies, these failures shake the foundation of trust in the greater healthcare system by destroying the critical bond that must exist between patients and providers.

The concept of duty of care fosters a philosophy of safety, transparency, and accountability in health systems. At Warren Allen LLP, we advocate on behalf of patient rights and the accountability of healthcare providers.

Understanding Duty of Care in Healthcare

Legal principles define duty of care in accordance with accepted standards of medical care. This encompasses diagnosis, treatment, and appropriately educating the patient. The core of duty of care is that a medical professional must act with the competence expected from their role in similar circumstances.

For instance, a physician has to diagnose a condition correctly and offer effective treatment; a nurse has to administer the correct medication and properly monitor the patient’s vital signs. Care providers are also obligated to educate patients regarding their illnesses, options for treatment, and how to take proper care of themselves. With these responsibilities, duty of care ensures medical professionals prioritize the patient’s best interests and the prevention of harm.

It is worth noting that care providers must temper their legal obligations with consideration and sensitivity to the patient, as well as respecting their wishes. This balance is imperative in developing a healthcare environment that will focus not just on accountability but also on humane, person-centered care.

Establishing Liability in Medical Malpractice Cases

It is necessary to define duty of care in each case, as it plays a large part in the determination of liability regarding medical negligence. The following four elements need to be proven for establishing liability:

  1. Duty—that the healthcare provider is obliged to meet the standard of care
  2. Breach—failure on the part of the healthcare provider to fulfill the obligation
  3. Causation—links breach to the harm the patient has suffered
  4. Damages—the injury or loss that results due to a breach

The standard of care serves as the rule by which a provider’s conduct is judged. It is the threshold of the degree of skill, knowledge, and competence that should be exercised by a reasonably prudent healthcare professional under specific circumstances. For example, in the case of an undiagnosed serious condition, the court must decide whether the physician acted without regard to the standard of care. If it is established that a lapse has occurred and that it was the direct cause of injury or harm, the provider may be liable.

By defining duty of care and evaluating cases against this standard, courts can ensure patients receive justice for any harm caused. This process underscores the importance of maintaining professional standards across the healthcare industry.

The Impact of Duty of Care on Patient Safety

The principle of duty of care is central to patient safety and minimizing the risk of errors, misdiagnoses, and poor outcomes. When healthcare providers practice this duty, they demonstrate a commitment to the delivery of care that places the interest of their patients at the forefront. This means being up-to-date with medical knowledge, acting according to best practices, and promoting a culture of candor and accountability in their organizations.

Duty of care has a ripple effect that extends beyond the individual patient. Consistently meeting one’s obligations as a provider fosters a healthcare system in which patients can feel confident and trusting. Conversely, a breach of duty of care could have far-reaching implications, eroding public trust and undermining the integrity of the healthcare system.

Examples of Breaches of Duty of Care

Breaches of duty of care can come in many forms in healthcare and usually have disastrous results. The most common ones include misdiagnosis or delayed diagnosis, which might result in the aggravation of the condition or even death. Other serious violations of this duty include performing the wrong surgery or operating on the wrong patient.

Another critical area where breaches occur is in informed consent. Patients have the right to be informed about the risks, benefits, and alternative options to a proposed treatment. Without such information, they cannot make an informed decision regarding their care, and this could cause them harm or lead to ethical violations. Similarly, poor post-operative care or failure to follow up with treatment can result in complications or prolonged recovery, which further illustrates the devastating effects of breaching one’s duty of care.

The Broader Implications of Duty of Care

When breaches happen, addressing them is important in maintaining the integrity of the healthcare system. This includes accountability of providers for their actions, learning from mistakes, and taking measures to prevent future incidents.

To define the duty of care in medicine, in essence, means to define the expected standard of care. This standard is the foundation of patient trust in the healthcare system. By appreciating its importance and the role it plays in medical malpractice cases, we can also appreciate the critical balance that exists between legal accountability and compassionate caregiving. Upholding this principle ensures that the patients receive the high quality of care they deserve while promoting transparency and continuous improvement within the healthcare system. For those who have been impacted by medical malpractice, seeking justice is an important first step toward healing. At Warren Allen LLP, we are committed to representing those who have suffered due to breaches of duty of care, ensuring that their voices are heard and their rights protected.

Do Portland Oregon Attorneys Handle Malpractice Cases?

Malpractice cases are not uncommon, but until you’ve experienced a situation that requires one, you may not know when to contact an attorney, what to say, or what happens next. Portland, Oregon, attorneys who specialize in personal injury lawsuits, including malpractice cases, can provide guidance and assistance if you believe you have been a victim of malpractice. Your first step should be to consult an attorney so they can help you understand your rights under Oregon’s malpractice laws.

Warren Allen LLP has been providing legal guidance and support since 1971, and we’re experts at navigating malpractice cases in Portland and the surrounding area. Let us help you understand what malpractice is, how to start your malpractice case, and the services available to you.

What Is Malpractice?

Professionals of all kinds are expected to deliver services and perform their duties to an industry-accepted standard of representation and care. When they do not meet these standards and, as a result, cause harm to their patients or clients, a case for malpractice may be made.

The vital component of any malpractice case is proving negligence on the part of the professional. For a claim to be successful, the plaintiff and their attorney must demonstrate that the proper standards were not met by the defendant and, as such, confirm their liability with regard to any injuries or damages.

There are three types of malpractice cases commonly litigated by Portland, Oregon, attorneys:

1. Medical Malpractice

The term malpractice is most frequently used when discussing medical malpractice. This is when clients have harmful experiences with a medical professional or in a medical setting. Examples of medical malpractice might be a physician not performing their duties safely, mis- or delayed diagnoses, or the mismanagement of healthcare records or treatment.

2. Professional Malpractice

Professional malpractice, sometimes referred to as professional negligence, occurs when someone who is considered a professional or expert, such as an accountant or an architect, causes injury or damage that affects a client.

3. Legal Malpractice

The third most common form of malpractice is legal malpractice. This occurs when a client does not receive the level of service they’ve paid for. If, for example, an attorney lacks the experience or knowledge of Oregon law, they may cause harm to their client’s case by not filing appropriate paperwork or missing important deadlines.

What Are Oregon’s Malpractice Laws?

Oregon’s malpractice laws are straightforward and aligned with US standards: Malpractice occurs when there is a breach of standard of care that causes significant harm. This can include, but is not limited to, improper treatment, surgical errors, misdiagnoses, improper filing, mishandling of case evidence, and so on. Proving a breach of care requires establishing—through evidence—that the service provider acted in a way that caused direct harm to the patient or client.

One example of this is when a medical practitioner performs a procedure but doesn’t follow appropriate safety protocols before, during, or after surgery. When this results in issues with recovery or additional injury stemming from the error, clients may be entitled to some form of compensation. In this case, monetary compensation might be to offset the additional costs or recovery time due to the attending medical team neglecting the required safety standards.

Because of the intricacies of Oregon malpractice law, it’s important to work with Portland, Oregon, attorneys who are experienced in malpractice cases, such as those at Warren Allen LLP. An expert malpractice attorney can guide you through each step of Oregon’s legal process.

Do You Need a Malpractice Attorney?

Navigating a medical malpractice case can be difficult and stressful, especially if attempted without legal representation. Having representation on your side can ease some of that burden, and it may be crucial to receiving an outcome that gets you back on the road to healing and recovery.

A malpractice attorney will manage the day-to-day minutiae of your malpractice suit, ensuring paperwork is properly filed, deadlines are met, necessary evidence is gathered and verified, and so on. As you proceed through depositions, settlement negotiations, and potentially trial, your attorney will be present to help protect your rights and provide advisement. An attorney on your side will help ensure you receive restitution for the harm caused through medical, professional, or legal malpractice.

The sooner you seek legal representation from a malpractice attorney, the better. Oregon’s statute of limitations for malpractice is two years. It’s also vital that the collection of records and evidence happens as soon as possible after the incident. At Warren Allen LLP, our personal injury attorneys are available Monday through Friday to help you understand your rights and whether you have a malpractice case.

What To Bring Your Personal Injury Attorney

Your attorney will provide guidance on the items and information they will need to build your case, but there are a few things you can anticipate needing when the time comes. Related receipts, bills, and invoices; correspondence with the medical, legal, or other business involved; paystubs or tax returns if showing income loss; photographs of damages or injuries; and so on. If you’re pursuing a medical malpractice case, you’ll need to share access to your medical file with your attorney. You can do so by obtaining your medical records beforehand or signing a Release of Records form and granting them access.

Any evidence you can provide to your attorney that pertains to your case will be filed by your attorney for safekeeping.You don’t have to face your malpractice case alone. Experienced Portland, Oregon, attorneys like Warren Allen can give you the support and guidance you need to file your lawsuit and help you receive fair compensation for your losses. If you suspect you’ve been the victim of malpractice, contact us today for a consultation. Our passionate and expert team will discuss your situation and help you understand your rights.

How Do Expert Testimonies Impact Malpractice Lawsuits?

If you’ve been injured physically or emotionally as a result of someone else’s gross negligence, you may decide to pursue a malpractice lawsuit. Warren Allen LLP specializes in representing people in personal injury and malpractice claims. We understand that malpractice suits are often lengthy and complex matters. So we exercise due diligence in formulating the best possible argument for our clients.

To support your claim, for instance, we may secure an expert witness who is able to provide an unbiased professional opinion about the issues at hand. In fact, expert testimony often plays a key role in securing favorable outcomes in malpractice lawsuits.

How so, exactly? Expert witnesses are often adept at breaking down technical jargon so that complicated matters are more easily understood. They’re also able to explain standard protocol and procedures so that jurors are able to understand what should have happened in a given situation. But there’s much more that expert witnesses often bring to the table.

Subject Matter Expertise

If you’ve ever served as a juror in a criminal trial or watched one on TV, you’re likely familiar with the legal concept of “proof beyond a reasonable doubt.” In other words, to find a defendant criminally culpable for a particular charge, there must be enough evidence against them that a reasonable person would not question their guilt.

The burden of proof is a little less strict in civil lawsuits. However, there are still a number of legal standards that must be met in order for a judge or jury to rule in the plaintiff’s favor. Namely, there are four essential elements that a plaintiff must establish to successfully argue a malpractice lawsuit:

  1. The legal duty of the practitioner
  2. A breach of this duty
  3. That the breach of duty caused the injury in question
  4. That there are damages due to the injury

Using specialized knowledge and expertise, a subject matter expert can demonstrate to a judge or jury why a party is or isn’t at fault in a malpractice claim. In fact, one study examining expert witnesses in plastic surgery malpractice cases found that a plaintiff was more likely to win the case when their expert was a plastic surgeon themselves.

But it isn’t enough to merely be an expert in a particular specialty. To show that a professional’s actions deviated from standard practices, each of those four essential elements of malpractice must be met. This is where expert witness testimony can really make an impact.

Clear Analysis

By providing a thorough analysis of the case, a subject matter expert is often able to tip the scales in favor of one party or another. Expert witnesses provide valuable insight for jurors who must make the ultimate decision regarding whether the defendant engaged in negligent behavior. Let’s take a closer look at the four elements that must be met to make this determination:

1. Duty of Care

Many professionals are bound by certain industry standards and ethical principles. For example, attorneys have to take an oath at the time of their swearing-in ceremony. This oath is a pledge to uphold the law and adhere to a certain standard of conduct. Likewise, medical practitioners are obligated to provide care in accordance with accepted medical standards. When pursuing a malpractice claim, the plaintiff must demonstrate the professional in question had such an obligation.

2. Breach of Duty

The second essential element in a malpractice claim is breach of duty. This breach occurs when a professional fails to adhere to the established duty of care. Since a jury may be unfamiliar with industry practices, an expert witness can explain what protocol should have been followed and how the professional’s behavior fell short of those standards. The witness may be able to offer insight into what they would have done differently in a similar situation and what would have qualified as an acceptable level of care. This can help jurors understand whether a breach of duty occurred and, if so, how egregious a breach may have been.

3. Causation

Causation refers to evidence showing that the professional’s actions were the cause of the injury. For instance, in a medical malpractice suit, you may argue that a doctor’s negligence caused you physical harm or exacerbated an illness. In such cases, you must prove that your deteriorating health condition or injury was the direct result of the doctor’s breach of duty.

The defense may argue, on the other hand, that you had a preexisting condition that was not brought about by the doctor’s actions. In this instance, an expert witness could be the doctor currently treating your condition. This doctor may be able to provide evidence connecting your injury to the doctor’s actions, rather than some other cause.

4. Damages

The last essential element of a malpractice suit centers on the damages incurred. These can be financial damages, such as medical bills, or emotional damages, such as psychological harm. An expert witness can speak to the extent of the damages sustained, which can impact the amount a plaintiff is awarded if successful.

Influence

Not only can expert witness testimony influence case outcomes, but it can also influence settlement negotiations. If both parties can come to an agreement on compensation and settlement terms, then the matter can be resolved without going to court. An expert witness can assist in this process.

For instance, expert witnesses can provide estimates of future medical costs and other expenses to help both parties reach a fair settlement amount. If settlement negotiations are successful, a resolution can often be reached in the matter much more quickly than if the case were to go to trial.

While having an expert witness testify on your behalf does not necessarily guarantee a favorable outcome or settlement, it can certainly help. If you feel you’ve been harmed by malpractice, it’s important you take swift action. There are often statutes of limitations on malpractice cases, which means you only have a limited amount of time to file a suit. Contact Warren Allen LLP today. We’ll evaluate your case and decide how best to proceed. If you’ve been injured by professional negligence, we’re committed to helping you seek justice.

How To Find a Medical Malpractice Lawyer

Finding yourself or a loved one victimized by medical malpractice can be a devastating experience, leaving emotional and financial scars. Medical malpractice occurs when healthcare professionals breach their duty of care, resulting in harm or injury to patients. This type of malpractice can manifest as surgical errors, misdiagnoses, pharmaceutical mistakes, or inadequate treatment.

The consequences of these actions can be severe, leading to prolonged suffering, disability, or even death, and a lawsuit can help with the monetary cost. Hiring a lawyer is essential for these cases so you don’t have to maneuver the legal intricacies alone. 

A qualified lawyer will investigate the claim, gather evidence, and build a compelling case to demonstrate negligence and will understand the emotional toll of medical malpractice, providing empathetic support and skilled advocacy. Choosing the right lawyer for your case is essential, but how do you find a medical malpractice lawyer?

How to Identify Qualified Medical Malpractice Lawyers

Selecting the right medical malpractice lawyer involves careful evaluation and research. When searching for a medical malpractice lawyer, it’s essential to prioritize credentials, experience, and success rates. These factors significantly impact an attorney’s ability to handle complex medical malpractice cases effectively.

Verify bar association membership and that the attorney is licensed to practice in your state. Additionally, look for certifications from reputable organizations, such as the American Board of Trial Advocates (ABOTA) or the National Board of Trial Advocacy (NBTA). These certifications demonstrate expertise in trial advocacy and medical malpractice law.

Evaluating experience is equally important. Consider the attorney’s years of practice, focusing on their medical malpractice cases. A seasoned attorney with extensive experience in medical malpractice law possesses a deeper understanding of specific regulations and statutes, leveraging their expertise to secure optimal outcomes.

Medical malpractice laws are intricate, requiring attorneys to stay up-to-date on legislative developments and judicial decisions. A comprehensive understanding of these laws is essential in ensuring effective representation.

Researching Client Reviews and Testimonials

When researching how to find a medical malpractice lawyer, reading client reviews and testimonials is critical in evaluating potential attorneys. Online reviews and testimonials offer valuable insights into an attorney’s professionalism, communication style, and ability to secure favorable outcomes.

Pay attention to overall ratings and read individual reviews to understand clients’ experiences. Look for recurring themes, such as responsiveness, empathy, and expertise. Be cautious of fake or manipulated reviews, focusing on authentic client feedback.

Read client testimonials on the attorney’s website, highlighting specific outcomes and successes. Understand the types of cases handled and the level of satisfaction among previous clients.

Referrals from trusted sources and previous clients can also provide valuable insights. Ask friends, family members, or colleagues who have experienced medical malpractice for recommendations.

Thoroughly researching client reviews and testimonials can give individuals a comprehensive understanding of a medical malpractice lawyer’s strengths and weaknesses. This information, combined with evaluations of credentials and experience, enables informed decision-making when selecting the right attorney.

Scheduling Consultations and Assessing Compatibility

After researching and shortlisting potential medical malpractice lawyers, the next step is to schedule consultations. This initial meeting provides an opportunity to assess the attorney’s expertise, communication style, and compatibility.

To prepare for your attorney consultation, gather all relevant documents, including medical records, test results, and correspondence with healthcare providers. Organize these documents clearly and concisely, allowing the attorney to quickly understand your case. 

Additionally, prepare a list of questions to ask during the consultation, such as:

  • What experience do you have with medical malpractice cases similar to mine?
  • How will you communicate with me throughout the case?
  • What are the potential strengths and weaknesses of my case?
  • What are the potential outcomes and compensation ranges for my case?
  • How do you stay current with evolving medical malpractice laws and regulations?
  • How quickly can I expect responses to my phone calls or emails?
  • Will I have direct access to you or work with a team?

During your consultation, pay attention to the attorney’s expertise and approach. A qualified medical malpractice lawyer should demonstrate a thorough understanding of medical malpractice laws and regulations. Evaluate their ability to explain complex concepts clearly and concisely, ensuring you feel informed and confident.

Observe the attorney’s communication style, ensuring they listen attentively to your concerns and respond empathetically. When figuring out how to find a medical malpractice lawyer, remember that the initial consultation is a two-way evaluation.

Our attorneys at Warren Allen LLP recognize that the most successful attorney-client relationships rely on mutual respect, trust, and communication.

Understanding Legal Fees and Payment Structures

Transparency regarding fees and payment is essential. Be sure you understand your lawyer’s fee structure and how expenses will be handled, and identify any potential costs or expenses that may go beyond their fee.

For example, appeals or post-trial motions may have additional associated costs. This understanding will empower you to make an informed decision when selecting a medical malpractice lawyer.

Red Flags

One significant red flag is an attorney’s lack of clarity regarding their fee structure. Ensure your lawyer provides transparent and detailed information about costs, including potential expenses beyond their fee. Unclear or hidden fees can quickly accumulate, placing an undue financial burden on you.

Another concern is inadequate communication. Your lawyer should maintain open and responsive communication channels, informing you about your case’s progress. Unresponsiveness or evasiveness may indicate a lack of commitment or organization. Limited experience or insufficient focus can jeopardize your case’s success.

Additionally, be cautious of attorneys prioritizing high settlement amounts over seeking justice or holding negligent parties accountable. If they display a lack of empathy or understanding for your unique situation, make unrealistic promises or guarantees of success, or fail to provide comprehensive documentation or contracts, they may not be the best advocate for you.

Knowing these red flags, you can confidently identify a qualified medical malpractice lawyer who will champion your rights and secure the compensation you deserve.

Next Steps

Your case’s success depends on selecting an attorney who prioritizes your needs and possesses the expertise to navigate complex medical malpractice laws. Don’t rush the process; take the time to assess potential lawyers thoroughly. Make sure you hire a lawyer you’re comfortable with. Warren Allen’s lawyers’ commitment to transparency, empathy, and expertise makes them an exemplary choice for those seeking representation. Reach out today to schedule a consultation.

Misdiagnosis & Medical Negligence Law: What You Should Know

Medical negligence is a grave concern that affects numerous individuals worldwide. Within the broader scope of medical malpractice, misdiagnosis emerges as a significant issue that can lead to severe consequences for patients. 

This article will explore the complex world of medical negligence law. We will focus on misdiagnosis, its implications, and the options available to individuals who have been harmed by negligent or inattentive medical professionals.

Understanding Medical Negligence and Misdiagnosis

Medical negligence, which falls under the umbrella of medical malpractice, occurs when healthcare professionals deviate from the standard of care expected in their field and thereby harm the patient. Misdiagnosis is a specific form of medical negligence in which a healthcare provider fails to diagnose a medical condition accurately or provides an incorrect diagnosis. This type of malpractice tends not to be malicious.

Misdiagnosis can stem from various factors, including inadequate examination, misinterpretation of test results, failure to order necessary tests or simply human error. Regardless of the cause, the consequences can be severe, leading to delayed or inappropriate treatment, worsening of the patient’s condition, and sometimes irreversible harm.

Legal Implications of Misdiagnosis

When a patient is misdiagnosed, they may have legal recourse under medical negligence law. To establish a case of medical negligence, the plaintiff must generally prove four key elements: the healthcare provider’s duty, any breach of that duty, the causation of harm, and the damages accrued.

In simple terms, this means that the plaintiff and their lawyer must prove that the healthcare provider owed a duty of care to the patient, generally through an agreement to treat a patient who has asked for assistance or treatment. Once this is proven, they must show that the provider failed to meet the standard of care expected of them in the medical field, thus breaching that duty of care and that duty caused direct harm or injury to the patient. 

Once harm is established, one must draw up a list of quantifiable damages, both bodily and financial, that came about specifically due to the stated medical negligence. In the context of misdiagnosis, proving each of these elements can be a complex process, with the need for many things like expert testimony, a showcase of medical records, and a thorough understanding of the specific circumstances surrounding the case. Misdiagnosis as a legally liable branch of medical negligence is uniquely challenging to prove, as all four of the key elements we named above must be provable and verifiable.

Jurisdictions seem to be more receptive towards claims explicitly based on the idea of informed consent, where an individual thought themselves to be informed when giving consent but later found that they were unaware of the specific risks associated with a medical procedure or prescribed drug. The medical professionals who may find themselves guilty of medical malpractice and misdiagnosis include physicians, surgeons, psychiatrists, and dentists, but can also include nurses, midwives, medical assistants, and a wide range of allied health professionals. 

Those who claim to be particularly skilled or specialists will find themselves operating under a higher duty of care based on the acceptable skill level and the idea of informed consent.

Options for Individuals Facing Misdiagnosis

When facing a misdiagnosis, seeking a second opinion from another healthcare professional is often the first step. Different perspectives may provide alternative diagnoses that better fit or alleviate the pain and symptoms of the previous errors. Often, a misdiagnosis can be remedied with a second opinion, and no further steps must be taken. 

Complaints can be filed with the relevant medical board for individuals who believe they have experienced medical negligence past repair of a second opinion. While this might not result in immediate compensation, it can prompt investigations and any necessary disciplinary actions against the healthcare provider. If the wronged individual and the healthcare provider cannot reach an agreement, it may be necessary to file a lawsuit.

Before resorting to a lawsuit, any parties involved may opt for negotiations or mediation to settle the matter outside of court, which can be quicker and less adversarial. Though maliciousness should not be assumed or unassumed, an unintentional but clearly harmful misdiagnosis may find restitution early during these negotiations. 

If negotiations fail, individuals may pursue a medical malpractice lawsuit with the help of the experts at Warren Allen Attorneys at Law. If necessary, this process would involve filing a complaint against the responsible healthcare provider or any governing board and seeking compensation for damages such as medical expenses, lost wages, and pain and suffering. 

It is important to find out and keep in mind the statute of limitations, which will vary by jurisdiction or state. Failing to file a lawsuit within the allotted time frame may bar you or the injured individual from seeking compensation for damages, either caused or perceived.

In a successful medical malpractice lawsuit related to misdiagnosis and medical negligence, compensation may be awarded to the plaintiff for a variety of damages. These include reimbursement for medical bills associated with the misdiagnosis and subsequent treatment, any compensation for income lost due to the inability to work caused by the misdiagnosis, and any pain and suffering caused or experienced throughout the misdiagnosis. Damages can be awarded for the physical and emotional distress experienced as a result of the misdiagnosis. If it leads to long-term consequences, compensation may cover future medical expenses.

Misdiagnosis is a distressing experience that can have profound implications for an individual’s health and well-being. Understanding one’s rights and options within the framework of medical negligence law is crucial when seeking justice and compensation for the harm caused by a healthcare provider’s negligence. By knowing the available legal avenues and utilizing the resources of accomplished law firms like our team here at Warren Allen LLP, individuals can navigate the complex terrain of medical malpractice and work towards holding accountable those responsible for misdiagnosis. Call us, and let us walk you through the process of filing your medical negligence case.

What Can a Medical Malpractice Attorney Help Me With?

Medical professionals like doctors, nurses, and nurse practitioners are some of the hardest working people in America, a fact that has become all the more clear during the pandemic. The vast majority of the time, you can trust that your healthcare provider is doing their best for your benefit. However, there may be a time when, through negligence or personal error, a medical professional winds up causing great harm instead.

In that unfortunate instance, if you or a loved one is the victim of medical malpractice, you should always consult medical malpractice attorneys, such as the professionals at Warren Allen, for help. In this blog post, we’ll look at how a veteran medical malpractice attorney can help you in your time of need.

What Is Medical Malpractice?

Medical malpractice refers to harm done by a medical practitioner, such as a doctor, nurse, nurse practitioner, or healthcare institution as a whole, to a patient under their care. Colloquially, it may be used to refer to any medical treatment or interaction perceived as substandard. However, from a legal standpoint, medical malpractice must meet several criteria to suffice:

1. There Must Be an Extant Doctor-Patient Relationship

To put it plainly, a medical malpractice suit can only be brought against a doctor or medical professional who had direct involvement in treating the patient in question. For instance, if a doctor published a paper suggesting a new treatment for an illness and following that treatment caused injury or death, that doctor cannot be hit with a malpractice suit. The doctor who used that new treatment on the patient could potentially be vulnerable to malpractice lawsuits, however, but there are other constraints on this.

2. The Medical Provider Must Have Acted in Negligence

One of the most critical facets in any medical malpractice suit is this: the doctor or other healthcare professional must have acted in a negligent manner. It’s not enough that the victim of the possible malpractice be unhappy with the care they received. Their medical malpractice attorneys must be able to demonstrate that this was truly a case of negligence.

In our hypothetical case earlier, the doctor who treated the patient with this new treatment might be able to successfully argue that they thought they were using the most advanced, cutting-edge treatment possible and that they had clearly notified the patient or their family that this was experimental. This would be a strong argument to fend off a medical malpractice suit.

Context is also critical here. For example, if a neurologist was on board an airplane and called upon to help care for a person suffering a heart attack with only basic medical supplies, it would be difficult to sue them for malpractice given the context, their lack of resources, and their lack of specific training. They could well argue that they did the best they could in the circumstances.

3. The Negligent Behavior Caused Specific Injury

There are two parts to this third and final criterion: first, that this negligence directly caused a specific injury, and second, there were specific damages incurred by the victim as a result of this injury.

For the first part, it can be understood as this: if the doctor was in fact negligent, did this negligence cause the harm in question?
In other words, if a doctor was giving an eye exam, and perhaps was doing so sufficiently poorly so as to be considered negligent, and then their patient suffered a fatal heart attack, is there actually a link between the two events? If the eye doctor’s negligence led to blindness, on the other hand, that would be a prime candidate for a medical malpractice suit.

The second part is equally key: did this injury cause damage to the victim in a real, tangible way? If you believe that your doctor erred and prescribed you the wrong medication, but you were not harmed by taking the medication, then you would not likely have a successful malpractice suit.

Some of the most common types of damages listed in a lawsuit for medical malpractice are:

  • Physical pain and emotional distress
  • Loss of wages due to lack of work
  • Extra expenses due to further medical treatment to correct the potential malpractice
  • Death

If your incident involves all three of these medical malpractice elements, then you could stand a good chance at prevailing in a medical malpractice lawsuit.

What Services Do Medical Malpractice Attorneys Offer?

If you think you or a loved one potentially has a viable medical malpractice suit based on the above criteria, then you should consult with a medical malpractice attorney. An experienced malpractice lawyer can help you through the following services:

  • Assessing your case. Especially in the emotionally charged period following a medical mishap, it may be difficult to maintain an unbiased mentality as you try to work out whether you have a viable, valid malpractice suit to bring forward. A medical malpractice attorney can give an experienced, unbiased assessment of your situation and whether you will be likely to prevail.
  • Helping you understand all your legal rights. It’s unlikely for any one individual to understand all the labyrinthine facets of federal, state, and local law, especially one who isn’t an experienced attorney. If your rights have been violated in any way, the attorney can let you know just what the injury was and what your recompense might be.
  • Handling necessary paperwork and red tape. Filing a lawsuit in any situation can be daunting, especially if you’re dealing with pain from medical malpractice or are caring for someone who now needs it. The medical malpractice attorney can take care of all the filing for you, taking this off your plate.
  • Arguing cases as needed. Most lawsuits are resolved out of court in settlements, but should your lawsuit need to be argued before a judge, you will be glad you have an experienced medical malpractice attorney representing you.

To help your medical malpractice attorney help you, it’s often a good idea to get a medical assessment by another doctor (i.e., not the one you might possibly sue) to have a professional evaluation of your condition and the harm that has been done. However, if you aren’t sure where to start, you can always contact your malpractice lawyer for a consultation.