Medical Malpractice Litigation
You put a special kind of trust in the doctors, nurses, surgeons, and other medical professionals responsible for your well-being.
Unfortunately, that trust isn’t always rewarded, and in some instances, the actions (or lack thereof) of a healthcare professional may rise to the level of malpractice.
The law recognizes that there are certain medical standards that are recognized by the medical profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances — this is known as the standard of care.
A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
Frequently Asked Questions
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient.
If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses. Medical negligence refers to a negligent act or omission that causes injury — for example, removing the wrong organ or leaving a surgical tool in a patient’s body.
If the victim can demonstrate that the negligent act was directly responsible for their injury, they may be awarded various damages (e.g., medical expenses, lost wages, and emotional suffering).
To demonstrate medical malpractice, the patient must show that the healthcare provider acted negligently and that the negligence directly caused them harm.
Generally, to prove this requires:
Duty of Care: the medical professional must have owed a duty of care to the patient, that is, they were responsible for treating the patient within the accepted standards of care.
Breach of Duty: the physician must have violated their duty to the patient.
Causation: the patient must prove that the breach of duty was directly responsible for their injury.
Damages: the injury must have caused economic or non-economic damages. For example, the patient may have incurred additional medical bills or endured emotional suffering.
Medical malpractice can take many forms, including:
- A failure to diagnose or misdiagnosis
- The misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- The failure to order proper testing
- The failure to recognize symptoms
Medical malpractice lawsuits intertwine two areas of expertise: law and medicine.
These cases are inherently complex and require the attention and skill of a lawyer who is well-versed in both areas.
It is vital to have a medical malpractice attorney who:
- Has a firm understanding of various medical conditions
- Can navigate complex medical records, knows which experts to consult, and knows which questions to ask
- Can anticipate the tactics the defendant’s lawyers may employ
Zwillinger Wulkan attorneys are uniquely equipped to take on major hospitals and insurance companies — our medical malpractice attorneys can:
- Help determine if you have a claim for compensation
- Collect and evaluate evidence in support of your claim
- Identify the full scope of your short-term and long-term losses
- Determine who is liable for your losses
- Clearly explain your legal rights and keep you informed throughout the process
- Manage a complex legal process
- Fight tirelessly to get the best results in your case