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Medical malpractice occurs when a medical professional fails to meet the standard of care for a reasonable practitioner and the patient suffers an injury as a result. Medical malpractice can be committed by physicians, dentists, chiropractors, hospital staff or almost anyone who gives medical treatment.
Medical malpractice cases can be some of the most difficult and complex cases to litigate successfully. Usually the medical issues are complex and the assistance of medical experts is essential. The medical caregiver’s insurance company usually takes a hard line in these cases and the legal battles are often difficult and prolonged. It is very important to retain a lawyer who is experienced in medical malpractice cases.
Medical malpractice may have occurred when:
A physician has failed to diagnose a disease or condition , or has delayed in diagnosing a disease or condition;
A medical caregiver has made a mistake during an operative procedure or treatment by doing the incorrect procedure or by doing the procedure incorrectly;
A physician fails to get the informed consent of the patient. Before a doctor treats a patient, the patient must be informed of the risks of the procedure. If the patient does not give informed consent to the risks involved in the medical procedure, and the risks materialize, the caregiver may have been negligent.
If medical malpractice has occurred, the question then becomes whether the malpractice has caused an injury. If the malpractice has made the patient’s condition worse, or caused a new condition, then the patient may have a claim against the medical caregiver.
It is very important, if you think you may have a medical malpractice case, to consult with a lawyer early. It is important to preserve the evidence you may need in your case. It is also important to make sure that you are getting the right treatment to recover from your injury. As well, the case must be filed before limitation periods expire.
At Acheson Whitley Sweeney we are experienced in litigating medical malpractice cases. We will conduct an initial review of your case and give you advice on whether you have a viable case against the medical caregiver. We will get a full statement from you as to what happened, then get copies of your medical records and have leading experts in the appropriate medical fields review your case and give an opinion on what happened. If you have a viable case, we will file the lawsuit and make sure that your rights as an injured person are protected.
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