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Medical Malpractice

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:
  • Failing to diagnose a tumor while reading an x-ray
  • Puncturing a nearby organ or tissue during surgery
  • Failing to order necessary and appropriate medical tests
  • Failing to diagnose a condition in time to treat it properly
  • Failing to refer a case to a medical specialist
  • Prescribing incorrect medication
  • Brain Injury
  • Birth Injury
  • Cerebral Palsy
  • Incorrect diagnosis that results in a failure to treat a medical condition
  • Failing to properly administer anesthesia
  • Emergency room negligence
  • Dental Malpractice
  • Cosmetic Surgery Malpractice
  • Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
  • Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States. Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities. When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible. Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
  • Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.