What You Should Know About Medical Malpractice

People suffering from minor illness and injury may be able to treat their symptoms with rest and over-the-counter medication. Unfortunately, serious sickness and injuries may require the attention of medical professionals for diagnosis and treatment. Patients typically have a reasonable expectation of safety and competence when it comes to treatment at the hands of their doctors and physicians, and failures on the part of medical staff can be very difficult to deal with, especially if they result in further injury and pain.

While people may be familiar with the term medical malpractice, many do not know how medical malpractice occurs, what qualifies as malpractice, and what they should do if they are the victim of malpractice. Persons who have been victims of medical malpractice should make sure to have their health problems attended to by competent physicians and may wish to consider consulting a Philadelphia medical malpractice attorney to discuss their legal options.

What is Medical Malpractice?

Medical malpractice is generally considered to be the failure of a medical professional to perform his or her duty to the patient. Medical malpractice claims differ from personal injury claims in that the judge and jury often have to examine the standards set for reasonable care and make a determination from that point. While personal injury cases in civil courts depend on how a “normal” person would react in the situation being presented, medical malpractice cases are often judged by different standards.

Questions to be asked in medical malpractice cases include:

• Did the professional act in a manner consistent with his or her specialized training?
• What are the customary practices of other physicians in the area?
• What type of equipment did the physician have access to?
• Did the physician behave in an outwardly negligent manner in comparison with accepted practices in his or her field?
• Did he or she fail to provide the services as outlined by other medical professionals brought in for testimony?

In many cases, other practicing doctors will be brought in to testify as to the requisite skills, knowledge, procedures, and performance of the job so the court may reach a consensus on what constitutes adequate care.

Proving a Malpractice Claim

Much like personal injury claims, there are certain criteria that must be set forth and met in order to prove a medical malpractice claim. An experienced Philadelphia medical malpractice attorney of Lowenthal & Abrams will be able to determine if your case is “actionable” by determining if:

• The physician had a “duty” to give the patient medical care
• The doctor or medical professional breached that duty by providing incompetent or negligent care
• An injury occurred to the patient
• The injury was caused by the doctor’s actions

Medical malpractice attorneys may need to prove that a the physician had the requisite doctor-patient relationship and failed to provide competent care from that point. This means that doctors who are not required to give a person care (for instance, if injury occurs in a public place) they cannot be held liable for actions or failure to act.

In addition to the attending physician, the hospital may also be held liable for injuries that occur to persons under their care. The reasoning behind such action is the same as holding companies responsible for the actions of their employees. Even if the doctor is part of a private practice or limited liability office, the company may be “vicariously liable” for any injuries that occur.

If a patient suffers injury caused by the actions of nurses, orderlies, and other staff members that are there to assist the doctor, the practicing physician is usually held liable for the accident. Because nurses and other staff members were ostensibly carrying out the orders of the doctor and were caring for his or her patients, the doctor will typically be held responsible for any negative events that happen under his or her care.

For more information on medical malpractice, contact a Philadelphia medical malpractice attorney of Lowenthal & Abrams, P.C at 215-238-1130.