Medical Malpractice

If a person is injured because a physician or health care facility rendered medical or nursing care below the current standard of care, they can be held responsible for the injuries caused thereby. Malpractice describes a situation where a doctor, hospital or other health care provider did not provide treatment consistent with customary and acceptable practices. Generally, a court will look at four elements to determine whether there is a case of medical malpractice.

• The physician or health care provider was responsible for providing treatment;
• The physician or health care provider did not provide the treatment required;
• A person was injured; and
• The injury was caused by the failure of the physician or health care provider to provide the treatment required.

If medical malpractice is proven, an injured person is usually entitled to damages. Damages are awarded in the form of money to compensate the injured person for the injuries caused by the malpractice.

Most medical malpractice cases arise from one of the following complaints:

• The doctor or health care provider did not follow the standard procedure that everyone is supposed to follow for that type of situation; or
• The doctor or health care provider did not diagnose or tell a patient that cancer or some other terminal illness was present; or
• The doctor or health care provider did not test for or diagnose birth injuries such as cerebral palsy or spina bifida.

Depending on the nature of the injury, a person injured from medical malpractice may be able to bring several types of claims against a doctor or other health care provider.