Everyone makes mistakes sometimes – you miss your turnoff on the highway; you leave your cellphone on the table at a restaurant; a dark sock is put in the washing machine with a load of whites; etc. Many mistakes merely cause temporary inconvenience or result in an uncomfortable laugh. Other mistakes may cause long-term or permanent harm, such as tripping on an uneven sidewalk and sustaining a fractured hip as a result of a fall.
Some mistakes made by medical providers may result from unintended consequences of unavoidable risks associated with a medical procedure or medical treatment for which the medical provider may not be held accountable, but other medical mistakes may have been avoidable if appropriate actions were taken in a timely fashion.
A mistake involving medical care or treatment may be considered medical malpractice when the person or entity that made the medical mistake breached (violated) the standard of care expected of a reasonably competent medical provider under the same or similar circumstances. The term “standard of care” is a term of art with a specific meaning that may vary based on the circumstances and facts of the situation presented.
It is not uncommon that the parties to a medical malpractice lawsuit disagree as to the relevant standard of care in the case, and it is common that the parties to a medical malpractice lawsuit will hire medical experts who may disagree as to the standard of care that applied and whether the standard of care was breached in the case. In the sitaution where the parties’ medical experts disagree as to the standard of care that applied or whether the defendants breached the standard of care, it is usually up to the jury to decide which experts’ opinions to accept and which experts’ opinions to reject.
Even when the parties to a medical malpractice lawsuit agree as to the applicable standard of care and that it was breached in the case, experts may disagree as to whether the breach of the standard of care caused the injuries claimed, or may disagree as to the extent of the injuries that resulted from the breach. Once again, it is usually within the province of the jury to decide what injuries were sustained as a result of the breach of the standard of care as well as the extent of the injuries sustained.
If you or a loved one experienced unexpected harm from medical treatment, you may not know whether the harm was unavoidable or if the harm was caused by a medical mistake that is medical malpractice. You owe it to yourself to consult with a local medical malpractice attorney to answer your medical malpractice questions and to review your potential medical malpractice claim.
If you or a loved one were injured (or worse) as a result of medical malpractice in the United States, you should promptly find a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
Visit our website or call us on our toll-free number in the United States (800-295-3959) to find medical malpractice attorneys near you who may help you.
Turn to us when you don’t know where to turn.