MEDICAL AND HOSPITAL MALPRACTICE
Medical treatment is not fool proof. Everyone knows this as a basic fact. And yet, when a person goes to a doctor or hospital for medical treatment and winds up with serious or even fatal injuries, that person and their family will likely ask the question - is there a medical malpractice case here? Under medical negligence law, it is not enough for a patient simply to have sustained a bad result from a medical care provider for there to be a medical negligence claim. Rather, a medical negligence claim requires proof of both negligence and damages.

1. Negligence

Medicine is not completely predictable, and there are occasions in which doctors must exercise professional judgment that turns out in retrospect to have been a mistake. A bad result is not, in and of itself, proof that a medical professional did something wrong in the course of medical treatment or a hospital stay. Moreover, even if a medical provider made a mistake in producing the bad result, he cannot be held liable for that mistake from the standpoint of the law unless he has been negligent or careless.

By "negligent" or "careless" we mean that the medical care provider did not follow the accepted standards of care in rendering medical services to the patient. If the mistake is a careless one, and the patient was harmed as a result, the patient has a right to pursue a medical negligence claim. In most cases, there is no way to know whether a bad outcome was the result of medical or hospital negligence without consulting with a medical professional who reviews all of the pertinent medical records. Most attorneys who specialize in the field of medical and hospital negligence will not agree unconditionally to represent patients who claim to have undergone medical negligence without having first had a medical professional (and maybe more than one) conduct a thorough review of the patient's medical records. If you do not already have copies of your medical records when you consult with an attorney, this may be a time-consuming process since it may take a period of weeks or months just to get all of the relevant medical records. However, for an attorney evaluating a medical or hospital negligence claim, there is no substitute to obtaining and reviewing all medical records with a competent practicing medical care provider.

2. Damages

Sometimes, a mistake happens in the course of medical treatment, but the person is not injured as a result of the mistake. Sometimes, a mistake happens in the course of medical treatment, but an antidote or correction is made while the person is in the hospital or under the care of the doctor that results in the mistake being rectified for all intents and purposes, without any long- standing injury to the person. Most attorneys specializing in medical malpractice would agree that these are not the types of claims for which a medical malpractice case is to be pursued. In the first case, it cannot be pursued as a matter of law, because any medical negligence claim requires both negligence and damages, and if there are no damages, there can be no recovery. In the second case, it is simply not economically feasible to bring a medical malpractice case, which may cost the attorneys' office many thousands of dollars to bring to a successful conclusion, when the damages that can be recovered are minimal. Thus, as a practical matter, for a medical negligence claim to be instituted and to be successful in bringing a substantial monetary recovery to the patient, or the patient's family, it is necessary that the act of medical negligence to have caused serious or severe injury.

STEPS TO TAKE IF YOU BELIEVE THAT YOU HAVE BEEN THE VICTIM OF MEDICAL MALPRACTICE
1. Get the names and addresses of any witnesses

Sometimes, particularly in hospital settings, there are witnesses to the malpractice. Sometimes, one of them may even come forward to you during your hospital stay and tell you that in his or her opinion, you have been mistreated. If that happens be sure to get the name and home phone number of the person with whom you have spoken.

Even if you have not been approached by anyone specific, if you are able to identify a crucial moment when you believe that malpractice took place, get the names (and home phone numbers if possible) of others - be they other patients, doctors, or nurses or doctors who saw what happened to you.

2. Consult with a lawyer who specializes in medical malpractice claims

Medical malpractice is a different kind of case than any other, and many lawyers specialize in doing these kinds of cases. They require a lawyer with an ability to comprehend complex medical issues. They also require a lawyer who is willing to "go the extra mile" for your case, because medical malpractice cases rarely settle until a court date is imminent, and often go to trial and even to appeal after trial. They also require a lawyer who is willing to commit significant sums of money in preparation of your case because the experts who need to be consulted in order to properly understand and prosecute a medical malpractice case are very expensive, and cases generally require consultation with multiple experts.

3. Get copies of all of the relevant medical records

Most lawyers are not willing to get involved in medical malpractice cases until they have had an opportunity to have a medical professional review the relevant medical records. If you do not already have copies of your medical records when you consult with a lawyer, this may be a time-consuming process since it may take weeks or even months to get them together. Therefore, the sooner you request your records, the faster the case can be evaluated.

4. Take photographs of your injuries

If you believe that the malpractice has caused scars or bruises that may fade over time, take pictures of them. They will be very valuable in the future.

5. Remember that not every bad result in treatment means that anyone has committed malpractice

It cannot be emphasized enough that just because there has been a bad result does not mean that there has been malpractice. Of course, you have the right to consult with as many attorneys as you wish. However, if you have consulted with 3 or 4 attorneys and they have all told you that you have no case, it's probably time to let it go and move on with your life.

If you believe that you have been seriously injured due to the negligence of a health care provider, please call us at (610) 664-6081 or e-mail a completed General Case Inquiry form to us. Once we have had a chance to review your submission, we will contact you and will provide you with a confidential consultation at no charge.

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