Medical Malpractice

There are a variety of circumstances that can result in “medical malpractice.” Doctors, medical institutions, medical caregivers, and staff must adhere to a specific standard of care when treating patients. When, either during the diagnosis or treatment of a patient, that level of care is not met, and errors are made and injuries are inflicted, those caregivers may be held responsible for the damage that was caused. Failing to recognize a symptom, or serious illness, discharging a patient who should otherwise be hospitalized, misdiagnosing an ailment, failing to deliver proper post-operative care, or administering improper medication, can all be the basis for a medical malpractice claim.

If you or a loved one have suffered from a misdiagnosis, an error in the delivery of anesthesia, an injury sustained during birth or surgery, incorrectly prescribed medication or inadequate post-operative care, you need lawyers on your side who are experienced in aggressively fighting for your rights. Doctors and medical institutions have powerful insurance companies protecting their interests, and they vigorously defend themselves, even when they know they have violated a patient’s level of care. Because of this aggressive protection, and because medical malpractice cases are notoriously complex and difficult, you need lawyers with specific skill and expertise in this area—a law firm with experience, resources, and skilled staff to research and document all of the complexities of your case.

When a doctor makes a mistake in diagnosis or treatment, in assessing medical malpractice, the question becomes, what was the impact of that error on the patient? When determining what law firm you will choose to represent you, the necessary technical knowledge, access to experts, and past experience with these types of cases cannot be over-emphasized. Because medical malpractice cases are costly to prepare and require extensive resources, many lawyers avoid taking them on. The lawyers at Rudolph & Hammond have the experience, resources, and knowledge to help guide you through this difficult process.

WHAT CONSTITUTES MEDICAL MALPRACTICE?

There is a lot more to a viable medical malpractice case than merely a mistake on the part of a health care professional or facility.  Determining medical malpractice involves assessment and affirmative consequence of the following characteristics:

• A violation of the standard of care–What is considered acceptable medical treatment by law involves comparing the reasonably, prudent behavior of one health care professional with another health care professional in a similar situation. This is called the “standard of care.” Patients can expect health care professionals to deliver a standard of care that is consistent throughout the industry. If the care received does not meet that standard, this may be a case of medical negligence.

• An injury was caused by the violation of the standard of care– If the level of care was not consistent with the standard, but that failure did not result in injury or damage, that is not enough to prove medical malpractice. Only if the failure to meet the standard of care resulted in an injury, can a medical malpractice claim be valid.   

• The injury resulted in significant damages–If, as a result of inadequate or improper medical care, you sustained an injury that resulted in a disability, you lost income, have suffered significant pain, suffering, and adversity, or incurred substantial medical bills or may do so in the future, then your damages are said to be sufficient to pursue a medical malpractice lawsuit. The reason there is such a high bar for pursuing these cases is that they are extremely expensive to litigate, both in time and money; therefore, unlike other types of cases, an assessment of the damages is a crucial component to making a claim.   

If you believe you have been the victim of medical malpractice, please do not hesitate, call our office. We will speak to you the same day about scheduling a consultation. The law team at Rudolph & Hammond will map out a plan of action and fight aggressively for your rights inside or outside of court. During this process, we’ll remain in communication with you to ensure that you are aware of the progress of your case every step of the way.

Medical Malpractice

There are a variety of circumstances that can result in “medical malpractice.” Doctors, medical institutions, medical caregivers, and staff must adhere to a specific standard of care when treating patients. When, either during the diagnosis or treatment of a patient, that level of care is not met, and errors are made and injuries are inflicted, those caregivers may be held responsible for the damage that was caused. Failing to recognize a symptom, or serious illness, discharging a patient who should otherwise be hospitalized, misdiagnosing an ailment, failing to deliver proper post-operative care, or administering improper medication, can all be the basis for a medical malpractice claim.

If you or a loved one have suffered from a misdiagnosis, an error in the delivery of anesthesia, an injury sustained during birth or surgery, incorrectly prescribed medication or inadequate post-operative care, you need lawyers on your side who are experienced in aggressively fighting for your rights. Doctors and medical institutions have powerful insurance companies protecting their interests, and they vigorously defend themselves, even when they know they have violated a patient’s level of care. Because of this aggressive protection, and because medical malpractice cases are notoriously complex and difficult, you need lawyers with specific skill and expertise in this area—a law firm with experience, resources, and skilled staff to research and document all of the complexities of your case.

When a doctor makes a mistake in diagnosis or treatment, in assessing medical malpractice, the question becomes, what was the impact of that error on the patient? When determining what law firm you will choose to represent you, the necessary technical knowledge, access to experts, and past experience with these types of cases cannot be over-emphasized. Because medical malpractice cases are costly to prepare and require extensive resources, many lawyers avoid taking them on. The lawyers at Rudolph & Hammond have the experience, resources, and knowledge to help guide you through this difficult process.

WHAT CONSTITUTES MEDICAL MALPRACTICE?

There is a lot more to a viable medical malpractice case than merely a mistake on the part of a health care professional or facility.  Determining medical malpractice involves assessment and affirmative consequence of the following characteristics:

• A violation of the standard of care–What is considered acceptable medical treatment by law involves comparing the reasonably, prudent behavior of one health care professional with another health care professional in a similar situation. This is called the “standard of care.” Patients can expect health care professionals to deliver a standard of care that is consistent throughout the industry. If the care received does not meet that standard, this may be a case of medical negligence.

• An injury was caused by the violation of the standard of care– If the level of care was not consistent with the standard, but that failure did not result in injury or damage, that is not enough to prove medical malpractice. Only if the failure to meet the standard of care resulted in an injury, can a medical malpractice claim be valid.   

• The injury resulted in significant damages–If, as a result of inadequate or improper medical care, you sustained an injury that resulted in a disability, you lost income, have suffered significant pain, suffering, and adversity, or incurred substantial medical bills or may do so in the future, then your damages are said to be sufficient to pursue a medical malpractice lawsuit. The reason there is such a high bar for pursuing these cases is that they are extremely expensive to litigate, both in time and money; therefore, unlike other types of cases, an assessment of the damages is a crucial component to making a claim.   

If you believe you have been the victim of medical malpractice, please do not hesitate, call our office. We will speak to you the same day about scheduling a consultation. The law team at Rudolph & Hammond will map out a plan of action and fight aggressively for your rights inside or outside of court. During this process, we’ll remain in communication with you to ensure that you are aware of the progress of your case every step of the way.