Medical malpractice is an area of law that deals with professional negligence in the medical sphere. It may apply to doctors, nurses, surgeons, hospital staff/administrators, pharmacists, and/or medical device manufacturers.
Medical malpractice covers any action (or inaction) by medical personnel during treatment that deviates from accepted norms and safety standards, which then causes injury to a patient.
We here at the offices of Pierce Skrabanek have years of experience in medical malpractice and medical device injury cases. We have compiled the following information to provide a basic introduction to what qualifies as medical malpractice, and the steps you can take to protect yourself.
Malpractice is defined as a harmful act or omission committed when a professional fails to properly execute their duty to a client. Malpractice suits may be brought against doctors, lawyers, or clergy personnel who fail, cheat, or mislead those who engage their services.
In a healthcare context, examples of medical malpractice include:
Each of these requires different standards of proof to bring before the law, and a deep understanding of medical procedures, responsibility, and legal precedence. These are all aspects important to personal injury law.
Personal injury lawyers are attorneys who work on cases involving injuries against persons, including patients who are injured due to medical malpractice. The attorneys at Pierce Skrabanek have extensive experience winning successful personal injury verdicts and settlements, and we bring that knowledge to the unique needs of every medical malpractice case we handle. Call us at (832) 690-7000 to discuss your specific circumstances.
Pierce Skrabanek are personal injury attorneys, meaning we represent clients who’ve suffered injuries against their person, including patients injured due to medical malpractice. Call us at (832) 690-7000 for a free and confidential consultation.
Negligence has a very specific legal definition. “Negligence” is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” Like malpractice, negligence can be due to action or to inaction. For example:
When used in connection with medical malpractice, the definition of “negligence” is even more particular. To prove negligence, the first task a lawyer must accomplish is to show that “a duty of care” was owed to the injured party. Many healthcare workers swear to uphold ethical standards, including an oath to “do no harm,” making their responsibility relatively clear.
The next legal step entails showing a breach of care. Then an attorney must argue that the breach led to patient injury. Lastly, a medical malpractice lawyer must explain what the injury cost their client in money, time, pain, and suffering.
What defines medical malpractice vs. medical negligence is very little, since most malpractice suits are formed on the basis of negligence. Essentially: your doctor owed you better care, but they failed.
The greater difference in malpractice cases is between negligence and recklessness:
If you have questions about whether your experience could be considered medical malpractice, call Pierce Skrabanek at (832) 690-7000. We offer free, discreet case consultations, and are ready to answer your questions with patience and respect.
A settlement or verdict in your favor could mean financial support for you and your family, and also a better prognosis for future patients.Successful legal results could include:
According to the New England Journal of Medicine, an analysis of data on paid medical malpractice claims shows that approximately 1% of all the physicians sued accounted for 32% of paid claims. These numbers suggest that it’s a small percentage of doctors who are possible ‘repeat offenders.’ This is part of why pursuing a medical malpractice suit is so important — such data trends could help identify and remove incompetent medical personnel before larger numbers of patients are hurt.
Pierce Skrabanek has a proven history of successful verdicts and settlements due to our advocacy. While we act first and foremost on behalf of our clients, we also carry a long-term determination to see industry improvements, so that preventable injuries never happen in the first place.
Contact the dedicated medical malpractice lawyers at Pierce Skrabanek at (832) 690-7000, or fill out our online contact form at your earliest convenience for a free and confidential consultation. If you’ve suffered harm from someone who was supposed to be your healer, Pierce Skrabanek is here to help you seek justice.