Medical malpractice is any injury caused or aggravated by a medical professional due to negligence or wrongdoing.

Medical malpractice can be found in any field of medicine where a doctor or other medical professional has failed to meet the acceptable standards of care. While medical malpractice is most prevalent in the areas of obstetrics-gynecology, neurosurgery, emergency care, orthopedics, and other medical specialties, medical malpractice can happen in any area of medicine.

According to a Harvard Medical Study conducted in 1990, approximately 80,000 people die each year because of medical malpractice. Approximately 30 to 40 percent of all autopsy reports indicate that a misdiagnosis or failure to diagnose contributed to the individual’s death. There are several types of medical malpractice that may entitle you to compensation for your pain and suffering.

Birth Injuries

Birth injuries are a common consequence of medical malpractice. When a doctor fails to identify and address prenatal risk factors and birth injury results, they can be held liable. For example, when proper prenatal care is administered, a medical professional has a duty to identify and treat maternal and fetal infections, RH incompatibility, maternal diabetes, and other factors that may cause injury to the mother and child. Improper birthing techniques, failure to respond appropriately to delivery complications, and other types of medical malpractice can result in significant birth injuries such as Erb’s Palsy, fetal anoxia, cerebral palsy, jaundice and more. Read More...

Surgical Error

Another common form of medical malpractice is surgical error. While there is always risk involved with any surgical procedure, a surgical patient typically has a reasonable expectation that the doctor will perform the surgery without error. Unfortunately, this is not always the case. Surgical medical malpractice can be found in the operating room due to negligence, mistakes with anesthesia, surgical errors, damage caused to surrounding tissues, failure to treat the problem, and more. Medical malpractice can occur even before the surgery in failure to prepare properly and evaluate a patient’s health status. In more severe cases, surgeons operate on the wrong patient or the wrong area of the body altogether. For all of these serious medical mistakes, medical professionals can be held culpable.

There are many other types of medical malpractice. Failure to diagnose, misdiagnosis, prescription errors, and nursing home abuse, are some of the most commonly seen cases of medical malpractice. These are all cases of inadequate care provided by the health professional and may entitle you to compensation. Read More...

Standards Of Criteria

In order to file a medical malpractice claim, you must be able to prove three standards of criteria. First, you must show that the standard of care was breeched and that your doctor made a mistake that a reasonable doctor would not have. Second, you need to show that your injury is a result of you doctor’s mistake. And last, you must show the damages suffered from the mistake. This may include anything from death and serious injury to lost wages, medical bills, or agony. In many cases, proving these conditions of medical malpractice may require an expert witness such as a doctor for your case.

Statute Of Limitations

In addition to meeting the conditions for a medical malpractice claim, you must also follow the statute of limitations. Dictated by state law, a statute of limitations restricts the amount of time you have to file a medical malpractice suit. If a suit is filed after the permitted time, you may be ineligible to file your case.

If you or a loved on has suffered a serious injury or even death and you suspect medical malpractice may be to blame, we would like the opportunity to help. Our qualified and experienced attorneys at Kuvara Law Firm can evaluate your case to determine liability for your losses and suffering. Please contact us today to learn more about your legal rights and options in a medical malpractice case.