A medical malpractice claim arises whenever a medical provider of any type commits an act or fails to act (negligence) that results in damage to a patient.  An act resulting in damage has to be an act that violates the standard of care.  The standard of care essentially means the type of medical care that would be reasonable under the circumstances.  It does not have to be the best possible care but it has to be the care that medical science holds as appropriate to effectively treat the medical condition.  A failure to act means a medical provider fails to order a test, x-ray or exam when the standard of care requires that the test, x-ray or exam be performed.  The acts a medical provider can perform that would violate the standard of care are varied and depend on the facts and circumstances of each case.  Likewise, when a medical provider violates the standard of care by failing to act, the types of treatment that should have been provided are very wide ranging.  These can even include not having an effective plan for treating the patient.  In order to determine if the act or failure to act resulting in damage to a patient qualifies as malpractice, an experienced attorney should be consulted to review the facts, examine the medical records and offer an opinion as to the potential liability.

Types of medical providers who can be found liable:

Generally, anyone providing medical service can be found liable for medical malpractice with only a select few exceptions.  The providers who can be found liable can include, but are not limited to, the doctors and staff at emergency rooms, nurses, doctors, pharmacists, surgeons, x-ray facilities, MRI facilities, chiropractors, physical therapists, laboratories, hospitals and medical practices themselves.  

Claims for medical malpractice:

It is very important to consult an attorney right away if you want to make a claim for medical malpractice.  Important evidence can be lost right away if an attorney is not consulted to assist in securing the evidence. An attorney will be able to properly investigate the facts to determine all possible medical errors   In Pennsylvania, there are special rules that apply for bringing a medical malpractice claim.  In order to bring a claim a victim of medical malpractice must present proof that a medical expert whose expertise is the same as the medical provider who committed the malpractice has reviewed the facts of the case and agrees that medical malpractice occurred.  This is why it is so critical that an experienced, hardworking attorney be asked to investigate the claim.  If an improper expert is consulted, it can mean the claim may not be successful.  

If you are interested in having your claim for medical malpractice reviewed by an attorney, please feel free to call my office.