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An act or omission by a health care professional that results in injury to a patient constitutes a type of negligence called “medical malpractice.” To be successful in a medical malpractice lawsuit, there must be a duty owed to someone, a breach of that duty, and resulting harm that is caused by that breach. A health care professional, such as a doctor, physician, nurse, surgeon, plastic surgeon, pharmacist, anesthesiologist, dermatologist, oncologist, x-ray technician, or dentist, assumes a duty of care upon agreeing to diagnose or treat a patient. This duty is judged by what a reasonable and prudent medical professional would do in the same or similar circumstances. If the duty is breached and the patient suffers accordingly, the patient can file a lawsuit for medical malpractice.

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Depending on the circumstances surrounding the case, liability may extend beyond a doctor or nurse. Many times responsibility lies with the employer of a health care professional (such as a hospital), a member of a medical support staff (such as a technician), or an independent entity (such as an ambulance company or a pharmacy).

Patients who are successful in a medical malpractice lawsuit can recover monetary compensation for certain damages that they suffered. These damages include:

  • Emotional distress
  • Loss of employment
  • Loss of past and future earnings
  • Pain and suffering
  • Past and future medical expenses

It is important to note that medical results cannot be guaranteed. Thus, unexpected or unsuccessful results do not necessarily mean that medical negligence occurred. It can be difficult to know whether an injury is a result of medical malpractice or simply an unfortunate outcome that could not have been avoided by proper medical care. Therefore, it is wise to consult a medical malpractice attorney who is knowledgeable about the highly technical, specialized field of medical malpractice law. There are time limits governing how long someone may wait to bring a medical malpractice claim, so time is of the essence.

Some examples of medical malpractice or negligence are:

If you have been injured and believe you may be the victim of medical malpractice or medical negligence, contact a medical malpractice lawyer today for a review of your case. In most cases, the initial call is free.

 
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