Williams, Walsh & O'Connor, LLC

What do the courts consider medical malpractice?

Proving that your doctor engaged in medical malpractice is not easily done. There are many circumstances that may lead to a patient's medical condition declining that have little to do with a doctor's misdiagnosis or delayed diagnosis of them. Surgical complications often occur in instances in which a procedure is relatively new or overly complex. In both of the aforementioned situations, medical malpractice may not be at play.

There are those other situations, though, where negligence is more blatant. In those cases, medical malpractice attorneys will work collectively with health care experts to determine what procedures should typically be followed versus which ones actually were. If there is evidence to suggest that a doctor strayed from what another similarly trained physician would have done, then this may be indicative of malpractice.

When it comes to medical malpractice claims, there are three primary situations that lead to lawsuits being filed in such cases.

Perhaps one of the most common types of medical malpractice we hear about in the media are botched surgeries or misdiagnoses. They often leave behind visible scars or cause a decline in the patient's health.

Pinpointing a diagnostic or surgical error is not easy. Instead, an expert witness may be asked to review a case to determine whether impropriety occurred. Negligence is more blatant in other cases, such as when a surgical tool is left inside a patient's body.

Another far too common type of medical malpractice is a birth injury. In this instance, either the mom or child may be injured during childbirth.

If the mother fails to be labeled as high risk and then experiences complications during childbirth, then she may be able to argue that her doctor's negligence resulted in her condition. If a baby's heart rate or oxygen levels drops in the womb and the baby isn't quickly delivered, then the baby's parents may be entitled to file a birth injury claim if his or her health is adversely impacted by this.

When medical personnel fails to perform as they should, including not changing bandages at regular intervals or providing too much or too little medication, then it may expose the staff member or hospital to being sued.

If your medical condition has declined because of inadequate care, then a New Haven attorney can advise you of your right to sue for damages in your case.

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