The BLR Newsletters Personal

Medical Malpractice

Medical malpractice involves a negligent or improper act by a doctor, hospital or other healthcare provider that causes injury which otherwise would not have occurred. There are standards of care which competent doctors must follow when assessing and treating patients. If a doctor deviates from these standards and causes injury which would have been avoided with proper care, there is a claim for medical malpractice. To establish a claim, medical experts are required to review the medical records and other factual information in the case, to testify as to what the proper standard of care is, how the doctor erred and failed to meet that standard, and how that error caused injury to the patient. Britcher, Leone & Roth has extensive experience in evaluating, litigating and resolving medical malpractice claims on behalf of injured patients.

There are different types of medical malpractice that occur. Birth injuries and cerebral palsy result from errors in both prenatal medical care and during labor and delivery. Permanent brain injury to the baby can be the unfortunate result of these errors. Shoulder dystocia and Erb’s Palsy are birth injuries caused when a baby is too large to fit through the birth canal and the baby’s shoulder becomes stuck coming out of the mother’s pelvis. If the physician does not use the correct techniques to dislodge the shoulder, the baby can suffer from permanent arm and hand injury.

Misdiagnosis of cancer and other medical conditions can cause a delay in treatment that results in the spreading and/or worsening of the underlying condition. Not only is more aggressive treatment required, but the patient’s chances of survival are decreased. Failure to diagnose heart attack and stroke can lead to premature death and catastrophic disability. Physicians must recognize the signs and symptoms of impending heart attacks and strokes in order to give treatment that may be able to prevent death and significantly lessen resulting injury.

Surgical errors are another type of malpractice case that can cause unintended but avoidable injury to patients. Failing to properly identify anatomical landmarks and boundaries can cause a surgeon to go beyond the intended surgical field and injury other vital organs. While bleeding and infection are known complications of any surgical procedure and may occur even in the absence of negligence, failing to recognize such complications in the post-operative period can be a cause of negligent injury. For more detailed discussions about specific types of malpractice claims, click on the link below:

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