Medical malpractice occurs when a health-care provider deviates from “standard of care” while treating a patient. So the next topic is defining “standard of care.” It is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.
It boils down to proving the provider was negligent.
A malpractice claim exists if a provider’s negligence causes injury or damages to a patient.
Having a bad outcome from a medical procedure is not always proof of medical negligence. Sometimes a health-care providers will tell the patient they have received negligent medical care from a previous health-care provider. Sometimes the medical-provider will tell a patient they, themselves, made a mistake.
A quick, honest “apology” may prevent a future claim, or provide an opportunity for a settlement without litigation. Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known. It also prevents the injured person from hiring an attorney who could increase the settlement value of the claim through their representation.
It’s vital to note, however, that the prosecution of medical malpractice cases—in addition to having a high likelihood of failure—can be extremely expensive, stressful and time-consuming. It’s estimated that medical errors kill roughly 200,000 patients in the U.S. each year.
Gioffre & Schroeder have represented many clients and their families in a medical negligence suit. Call us to schedule an appointment – or complete the form. We’ll give you straight talk about your case.