While there are many possibilities for an injury or illness that was caused through medical malpractice, one of the main claims is negligence. In fact, this is the theory that most claims proceed under, as it is generally assumed that one or medical professionals in some way acted negligently in the treatment of their patients, thereby leading to injury or illness of some sort. Any number of negligent acts could lead to a case of medical malpractice, some of which include failure to properly diagnose the symptoms of a patient's illness, failure to prescribe the proper medication to treat the patient's symptoms, failure of a pharmacy to correctly administer the appropriate prescription to a patient, etc.
In order for a negligent claim to be viably made, the following conditions must first be proven:
- A duty was owed to the patient by the health care professional
- The duty owed to the patient was deviated from or unmet altogether
- The unmet duty can be directly related to the injury or illness that arose in the patient
- The patient is now suffering from an injury or illness that is not related to their original ailment
Medical professionals are held to a high standard of conduct and falling even slightly below this level is immediate grounds for legal action. From failure to obtain informed consent to breach of contract or warranty, the possibilities for medical negligence are virtually endless. In cases of medical malpractice, much more is at play than a simple failure to meet reasonable standards. In addition, a patient's health and very life could be at risk as well. As such, injuries and illnesses that result from this type of negligence deserve to be addressed in the legal system, and the sooner the better.
Birth Injuries - One of the most heart-breaking types of medical malpractice cases is birth injuries. The time surrounding the birth of a child is supposed to be one of the most joyous in the life of a family. When a medical error occurs that causes harm to the mother or infant, however, the consequences can be devastating. If you or your child was the victim of a medical error, your first step should be to get in touch with a medical malpractice lawyer from the team at Henry & Williams, P.C. Whether your child suffered from a brain injury, kernicterus, cerebral palsy, or a brachial plexus injury, you could be entitled to compensation for what you went through. This could not only help you cover medical expenses, but could help ensure that the same thing does not happen to another individual.