What is Medical Malpractice?
The term “malpractice” refers to a claim for money damages based on a professional’s failure to meet the minimum level of care, resulting in injury. It is important to remember that most physicians and other medical professionals are highly skilled and competent individuals, and most things laypersons think is malpractice is not. A bad result does not mean there was malpractice. Nonetheless, no one is perfect and medical errors do happen.
It is a fact that tens of thousands of people are injured or killed each year by medical malpractice. And while medicine is not an exact science, every patient has the right to competent medical care by physicians, nurses and hospitals. In general, medical professionals must exercise such reasonable care and skill when treating patients as, under similar conditions and like circumstances, is minimally or ordinarily employed by other similarly situated medical professionals.
Proving a Medical Malpractice Case
In a medical malpractice case, you must prove that the professional (be it a doctor, nurse, technician or therapist) fell beneath the minimum level of care other professionals in the same field would provide under the same circumstances and that the failure resulted in some identifiable injury. This often requires the use of a medical expert witness to testify about the level of care that should have been provided to you and how the failure to provide you with adequate care led to your injury. This is generally referred to as “liability.”
If you prove liability, you will be entitled to damages or money. Damages for pain and suffering in many states has been capped or limited by statute. Of course you are entitled to any and all economic damages (wage loss, out of pocket expenses, past and future medical expenses, etc.) which can be proven.
Why You Need Competent Attorneys
Medical malpractice is a very specialized field. If you have a medical malpractice claim, it is important that you speak with an experienced attorney. Because of the expense associated with medical malpractice litigation, the need to understand medicine and cultivate expert witnesses and the limited financial return in many states, most attorneys will not accept medical malpractice cases.
The attorneys at Willoughby Doyle focus their practice in catastrophic medical malpractice and medical injury related litigation. Whether it is a hospital borne infection, failure to diagnose, traumatic brain injury, spinal cord injury, emergency medicine, wrongful death, childbirth injury or failure to timely care and treat a medical condition, Willoughby Doyle has the experience and resources to handle your case efficiently, effectively and correctly.
Does the Firm Handle Cases in My Hometown?
Yes. Willoughby Doyle is a national law firm. We represent clients in catastrophic injury cases across the country. Our lawyers are licensed to practice in California, New York, Florida, Ohio, and the District of Columbia. The attorneys of Willoughby Doyle will obtain admission in any state where our technical expertise and trial experience can make a difference subject to the rules of each jurisdiction.
Statute of Limitations
The laws of Medical Malpractice vary in each state. In addition, there are time limits (statute of limitations) within which you must file any legal action. If you do not file legal action within the statute of limitations in your state, you may forfeit your right to recover damages. If you believe you have a claim for medical malpractice, do not wait. Seek professional advice immediately.