Medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard and caused harm, injury or death to a patient.
This can be connected to an actual procedure or prescription, including follow up care.
To establish medical malpractice the following elements need to be met.
- There must be a duty owed. In a medical malpractice case, a doctor or other medical professional, owes the patient a duty of care. The standard of care is how a similarly qualified practitioner would have performed under the same or similar circumstances
- Breach of that duty
- The breach of that duty caused injury
- There are damages or injury to the patient
You’ve visited your doctor, hospital or the pharmacist and something terrible has occurred. You suspect medical malpractice, yet you may also feel unsure of what steps to take next. What is one to do and how is one to act upon the dilemma?
Simply put, medical malpractice is defined an act of negligence by a health care professional.
Medical Malpractice can include the following situations:
- Errors in prescribing
- Filling prescriptions for or
- Administering medication
- Problems during surgery that result from negligence, and even
- Issues with negligent or inadequate follow-up care
As a patient, you have the right to seek compensation if you were injured or harmed as a result of medical negligence.
Although patients have the right to seek compensation for any injury, illness or harm that they feel may have occurred as a result of negligence, be advised that medical malpractice cases are complex and costly to win.
It is important to consult with an attorney to determine whether you have a case, and whether that case is worth pursuing.
Before meeting with an attorney, write down what the steps that led to the suspected negligence and what has resulted from the suspected negligence.
Make a list of all doctors that you have visited prior to and after the suspected negligent medical event.
Make a list of all medications that were prescribed to you and which doctor prescribed the medications.
It is very important to choose a medical malpractice attorney with whom you are comfortable working.
If you suspect you have been the victim of medical malpractice, please contact Gregory J. Spadea or David W. Edelman at the Law Office of Spadea & Associates, LLC located in Ridley Park, Pennsylvania at 610-521-0604.
