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Medical malpractice occurs when a doctor, hospital or other healthcare provider is negligent by failing to meet the recognized standard of care in the medical community, the failure of which is the proximate cause of the claimed injury or death. A health care provider can be negligent by actions or inactions. The degree of care required means that degree of care that a reasonably competent medical provider would use under similar circumstances.
A bad result does not necessarily mean that there was malpractice. Risks and complications associated with all medical procedures do not necessarily mean that there is any negligence. A hospital, similarly, is required to use the same degree or care that a reasonably competent hospital would use under similar circumstances. Due to the complexity of the medical issues involved, the injured party must have an expert witness to prove both the deviation from the applicable standard of care and the causal relationship of the claimed injury to the alleged malpractice. These claims are very expensive to present properly.
A medical provider is required to explain his or her treatment plan with the patient so that all material risks are explained and the patient can make an intelligent decision whether to undergo the planned treatment. This is called informed consent.
These cases are accepted on a contingency fee basis, if there is no recovery there are no legal fees or expenses. There is no charge for a consultation.
With a thorough knowledge of the medical field, we can help investigate whether or not you are a victim of medical malpractice.
Call Robert Morrow now for your FREE consultation today!