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What is Medical Malpractice?

What is Medical Malpractice?

When we are severely sick or injured, we put our health in the hands of our doctors, nurses, and surgeons. These medical professionals have a moral and legal responsibility to provide an acceptable level of care to all of their patients. Unfortunately, some of them do not uphold this duty.

Medical malpractice is responsible for roughly 100,000 patient deaths each year, according to the Institute of Medicine. If you believe you have been the victim of an error committed by a medical professional, you should learn more about medical malpractice and what you can do if it happens to you.
What is medical malpractice?
Medical malpractice refers to the negligence of a professional health care provider in which substandard treatment was provided that directly caused injury or death to a patient. Medical malpractice is more complex than a simple mistake, and not every medical error constitutes as malpractice.

While medical malpractice can take many different forms, some of the most common examples include:

  • A doctor unreasonably fails to diagnose, or misdiagnoses, a medical condition.
  • A physician provides incorrect treatment.
  • A surgeon operates on the wrong part of the body, or leaves a piece of equipment inside the body.
  • A doctor makes a birthing error that causes injury and potentially permanent complications for the newborn.

 
Suing for medical malpractice
Medical malpractice laws are established to provide a way for victims to recover monetary compensation for their damages. However, winning a medical malpractice lawsuit is not as easy as proving that your doctor made a mistake. In order to have a successful lawsuit, you need to prove that the following elements were in place:

  • the existence of a patient-doctor relationship
  • the provision of care that fell below the accepted medical standard
  • quantifiable harm to the patient
  • a connection between the provider’s negligence and the patient’s harm

 
What should you do?
If you suspect that you, or someone you love, was harmed as the result of a medical professional’s negligence, the first thing you should do is contact a lawyer. A qualified medical malpractice attorney is familiar with legal intricacies, and can help you determine whether or not you have the right to sue for your damages. In the event that you do go to trial, your attorney will help put together a case that gives you the best possible chance to win.

In some instances, your medical care provider’s insurance company may reach out to you in an attempt to settle a medical malpractice claim. Don’t accept any type of settlement offer from an insurance company without first speaking to a lawyer.

If you live in North Carolina or South Carolina, the attorneys at Stewart Law Offices, LLC are available to answer any questions you may have about medical malpractice. Contact us online to get started with a free consultation, or give us a call at (888) 286-5600.

Injured By Medical Malpractice?

Injured By Medical Malpractice?

Medical negligence injuries can devastate the lives of people and their families. According to the Institute of Medicine, nearly 100,000 patients die from medical negligence every year. Our injury attorneys want to ensure that healthcare providers accept responsibility for these serious errors. If you believe you may have suffered due to an error committed by a medical professional, you should learn more about medical malpractice and about what you can do if it happens to you. We can provide you with free attorney advice, and we can even visit you in the hospital or your home to talk to you about your potential injury case.

WHAT IS MEDICAL MALPRACTICE?

Not every medical error constitutes medical malpractice. Doctors sometimes make mistakes, but when healthcare providers fail to provide a reasonable standard of care, medical malpractice occurs. Essentially, this involves a healthcare provider, such as a doctor or surgeon, making a negligent mistake that causes the patient to suffer an injury. While medical malpractice takes many different forms, a few common examples include:

  • A doctor unreasonably fails to diagnose, misdiagnoses or delays a diagnosis of a medical condition
  • A physician provides incorrect treatment
  • A surgeon commits and surgical error by operating on the wrong part of the body or leaving a piece of equipment inside the patient’s body
  • A doctor makes an error that causes a birth injury and potentially permanent complications for the newborn

For medical malpractice to occur, the healthcare provider’s negligence must be the cause of the error and subsequent injury. An experienced lawyer can determine if your case constitutes medical malpractice.

WHAT CAN I DO IF I SUFFERED FROM MEDICAL MALPRACTICE?

If you believe you may have suffered from medical malpractice, talk to our attorneys. For no charge, we will evaluate your case and discuss whether your facts will allow us to seek compensation for your injury.

In some cases, your medical care provider’s insurance company may attempt to settle a medical malpractice claim with you directly to prevent you from hiring an attorney. However, you should always speak with a lawyer before accepting any settlement offer from an insurance company. Stewart Law Offices, LLC can represent your case and work to get you as much compensation as possible for your injury.

ATTORNEYS FOR MEDICAL MALPRACTICE IN ROCK HILL, COLUMBIA, BEAUFORT* AND CHARLOTTE

Stewart Law Offices, LLC represents injury victims across South Carolina, along with Gastonia, Charlotte and surrounding areas in North Carolina. Assistance at our Beaufort* location is by appointment only. We are always available, so contact our injury attorneys today for a free consultation about medical malpractice.