medical malpractice faqs –
Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient.
In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure.
Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks and alternatives involved in any surgical procedure, medical procedure or other course of treatment, and must obtain the patient's written consent to proceed.
Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate in it. You may have grounds for an action against your doctor based on his or her failure to obtain your "informed consent" relative to this treatment.
Yes, you still may be able to recover damages. A consent form does not release a physician who performed a procedure negligently from liability. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him or her. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery.
A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician's actions followed standard medical practices or fell below the accepted standard of care.
One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a "certificate of merit." In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiffs health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiffs attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiffs action has merit.
Attorney Baku N. Patel and his Law Team currently handles all of the criminal defense cases, auto accidents, personal injury and wrongful death matters at Patel Law, PC. Patel has recovered millions for his clients. As a former US Navy Officer, Patel will fight for you. Do not take on the insurance company alone, get Patel Law on your side. Mr. Patel has recovered millions of dollars on behalf of those injured in auto accidents and medical negligence. In fact, he is a member of the exclusive Million Dollar Advocates Forum due to his years of successes recovering million+ dollars for his clients. However, no case is too big or too small. He has successfully taken on every major insurance carrier in the nation and made them pay his client for all of their losses due to the other person’s negligence. Do not just hire any lawyer, get one with the experience and fight to get you what you deserve for your injuries. As a former Lt. Commander and Navy JAG, Mr. Patel has the experience to take the fight to the insurance company on your behalf.
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