Medical malpractice refers to injuries suffered as a result of the negligence of a health care provider where treatment fell below the medical standard of care. The standard of care for physicians, for example, is that of “an ordinary prudent physician in the same circumstances”. In other words, if the majority of physicians would treat a complaint or symptom in a certain manner, then this treatment is the standard care against which to measure the treatment of the specific physician, health care provider or hospital that is alleged to be negligent. Proving that a physician fell below the standard of care is often a complex issue. This is because medicine and the courts recognize that there may be several treatment options and they allow a physician to use “clinical judgment” in making decisions. One cannot usually succeed in an action where the physician has made a clinical judgment that turned out badly. There are also circumstances where the courts do not fault physicians for making “excusable errors” which may result in ”recognized complications” of the procedure.

Causation is also a very important issue in all medical malpractice claims. Causation is the relationship or connection between the negligent act (negligent medical treatment) and the injury or harm caused to the patient as a result. Causation must be established in order for a medical malpractice claim to succeed. If the harm is found to have resulted or have been caused by another reason unconnected to the doctor’s treatment of the patient, then the medical malpractice claim will fail.

Common examples of medical malpractice claims include: surgical errors, post-operative errors, treatment errors, medication errors, misdiagnosis, failure to diagnose, delayed diagnosis and birth trauma.

With over 20 years of proven experience and results in representing individuals who have suffered injuries as a result of medical malpractice, we work to ensure that you obtain proper and fair compensation for your injuries and losses.

Relevant Articles