Medical Mistakes
Medical mistakes kill 44,000 to 98,000 people per year. This far exceeds the number of people killed in traffic accidents per year (43,450), or those who die yearly from breast cancer (42,300) or AIDS (16,400). In addition to death, medical mistakes can cause birth trauma, brain injury, paralysis, amputation, disability, and disfigurement.
A medical mistake or medical negligence occurs when a doctor or other healthcare professional fails to properly treat a patient and the improper treatment causes the patient to suffer a new injury. A new injury is required because it would be unreasonable to hold a doctor or other healthcare professional responsible for the original medical problem. Some examples of medical mistakes include:
- Failure to diagnose a medical condition
- Misdiagnosis of a medical condition
- Failure to properly treat a patient's medical condition
- Failure to safely administer anesthesia
- Failure to manage a pregnancy or deliver a baby in a safe manner
- Failure of a nurse or other staff member to keep a treating physician informed of a patient's condition
- Failure to administer medications properly
- Failure to protect a patient from a fall or other injury on hospital property
In such situations, the services of a law firm experienced in the handling of medical malpractice cases is the only way in which a victim may expect to have a chance to recover money damages for his or her injuries. Physicians and their insurance companies never attempt to settle malpractice claims voluntarily before the injured party has obtained the services of an attorney.
From the point of view of the trial lawyer, medical malpractice cases are probably the most difficult to pursue. Not only are they bitterly contested, but the litigants become personally involved. The patient because he feels let down or betrayed by the physician in whom he placed not only his trust but his body, and the physician who regards a medical malpractice claim as a challenge to his integrity and skill as a healing artist.
The subject matter of these suits is medicine, which has at least 25 recognized specialties which require, in addition to medical school training, internships and residencies of four to six years. No attorney, no matter how knowledgeable in medical matters, can possibly match the knowledge of the defendant physician and his expert witnesses. This means the proper preparation of any medical malpractice case on the part of a plaintiff requires extensive help from physicians, medical researchers, medical illustrators and the like, all of which are readily available to the defense, usually with minimal or no charge. The actual out-of-pocket costs required to pursue even the simplest, if there is any such thing, of medical malpractice cases can range from $20,000 to $50,000 and more.
Minute and complete examination of hundreds of pages of hospital and other records is often required to detect where the medical care provider has gone astray in his professional obligation to the patient. Although there are certain situations that even a lay person can see as probably malpractice, such as operating on the wrong limb, leaving an instrument in a person's body, or failing to see an obvious tumor on an X-ray, most medical malpractice claims require careful evaluation by competent medical experts to determine whether, in fact, malpractice was committed or was there merely a bad result which occurred which was not the fault of the health care provider.
It is obvious that the key to bringing a successful medical malpractice claim is in the choice of law firms representing the injured party. To have a reasonable chance for success, the lawyer chosen by the injured party must be experienced in handling medical malpractice matters, possess a demonstrated records of success, have adequate support staff, and the ability and willingness to commit significant financial resources. The Law Offices of Anthony J. Murgatroyd, L.L.C. meets all the requirements.
Free Consultation
If you, or someone you care about, have been the unfortunate victim of a Medical Mistake or Medical Malpractice, contact our law firm for a free consultation.
