What is medical malpractice?
Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital, or hospital worker-whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition.
The San Francisco, California medical malpractice lawyers of Mary Alexander & Associates will stand up for your rights when you have been seriously injured or a death has occurred as the result of medical malpractice.
How do I begin a medical malpractice lawsuit?
If you think that you have a valid medical malpractice lawsuit, it is wise to seek out an attorney who specializes in medical malpractice. Medical malpractice is an extremely complicated area of law that raises many complex and intellectually difficult legal and medical issues. The San Francisco, California medical malpractice lawyers of Mary Alexander & Associates are skilled and dedicated to fighting medical malpractice and provide a free initial consultation to determine whether your case is worthy of further investigation.
The California medical malpractice attorneys of Mary Alexander & Associates have a number of experienced experts who can determine not only whether the case is viable, but also how difficult the case will be to try before a jury should a lawsuit become necessary.
The doctor said a bad outcome was possible – so when is it medical malpractice?
While medical treatment never comes with a guarantee, there is one thing that patients should – and do – rely on: that they will receive competent, professional care that conforms to accepted standards of practice. It is when health care providers deviate from these standards – either through an act or an omission – and injury results that medical malpractice has occurred. While laws and procedures may vary from state to state, the main idea remains the same: Health care providers have a duty to provide proper care, and when they fail in this duty, they may be liable for the harm that their patients suffer.
Who may be liable in a medical malpractice case?
It’s important to note that the term “health care provider” is by no means limited to a doctor. Nurses, dentists, therapists, technicians, and other medical professionals who owe a duty to follow accepted standards – and fail in doing so – may be liable under the law. Keep in mind, too, that hospitals, clinics, and managed care organizations may also be held accountable for the mistakes of their employees. Indeed, rare is the medical malpractice case that has just a single defendant. Often multiple parties are ultimately found responsible for the patient’s injury.
How often does medical malpractice occur?
Unfortunately, medical negligence occurs far more often than most patients would ever guess, and even the most well-respected physicians and hospitals have been found liable in malpractice suits. A recent study by Healthgrades found that between the years 2000 and 2002, preventable medical errors caused an average of 195,000 hospital deaths each year. Another study, in 2006, concluded that medication errors alone harm more than 1.5 million patients each year – and that this estimate is likely to be conservative.
What do I need to prove in a medical malpractice case?
Like any negligence case, a plaintiff in a medical malpractice suit must establish four elements to prevail in court:
- A duty was owed. This is the simplest element to prove, since health care providers have a legal duty to conform to accepted medical standards whenever they treat a patient.
- The duty was breached. Here the plaintiff must show that the health care provider did not conform to the relevant standard of care. In a medical malpractice suit, this is typically proven via expert testimony.
- The breach of duty caused injury.
- Damages. In a medical malpractice case, damages – the losses the patient suffered as a result of their injury – can be physical, financial, and emotional. Here, too, the testimony of experts is often used, as it can sometimes prove the extent of damages – and what the plaintiff is entitled to recover.
Why is it important to work with a lawyer who specializes in medical malpractice?
As you might expect, a medical malpractice case can be a particularly complex lawsuit. The medical procedures themselves can be technically complicated, and difficult to understand – let alone explain to a jury – without expert knowledge in the area. Lawyers need not only know, and show, what happened, but what should have happened. They need to find and work with top-tier medical experts. And they have to understand all the nuances and pitfalls of medical malpractice law procedure. There’s just one way to master all of this: by doing it constantly. At Mary Alexander & Associates, we’ve been fighting – and winning – medical malpractice cases for more than a quarter of a century. We have the technical background to understand the science and the courtroom skills to make our case to juries. Leveraging decades of experience, we know the tactics and strategies – but most of all, we know how to win, getting our clients the answers and accountability they deserve.
How do I pay for your services?
At Mary Alexander & Associates, we handle medical malpractice cases on a contingent-fee basis. That means the risk is all ours, and you pay us only if we obtain a recovery, via jury award or settlement. If we are unable to recover anything, you pay us nothing. Expenses work the same way. We pay all costs of the litigation – which can be substantial in a medical malpractice case requiring expert testimony – and get reimbursed only if we successfully conclude the case. In short, it may be your lawsuit, but it’s always our risk. That’s why you can be assured that if we take your case, it’s because we fully intend to win it.
