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Medical Malpractice
Medical Negligence Legal Services
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Legal Foundation for Medical Malpractice Cases
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. However, if the doctor or medical provider has not met the standard of care and was negligent they are responsible to pay damages to the person they harmed.
A hospital or other similar medical institution is required to use the same degree of care that a reasonably competent hospital or other similar medical institution would use under similar circumstances. If they fail to do so, they must pay damages to the victim.
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. The expert(s) are medical doctors in the same field as the negligent doctor(s). Therefore as we must pay for our doctor/experts, 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. If the doctor fails to properly advise their patient(s) of a material risk which occurs, they are negligent.
At Law Office of Robert Morrow, medical malpractice cases are accepted on a contingency fee basis, if there is no recovery there are no legal fees. There is no charge for a consultation.
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