| Medical
Malpractice
What is medical malpractice?
What kind of mistakes can result in
medical malpractice?
How does a case result in medical
malpractice?
What is the definition of a medication
error?
How does a jury determine if a doctor's
actions were within the standards of good medical
practice?
I signed a consent form before my doctor
performed surgery. What did it mean?
What do I do if I think I have a medical
malpractice claim?
What is the medical malpractice standard
of care?
My doctor made a mistake and admitted
it. Do I have a malpractice case?
What is medical malpractice?
Medical malpractice occurs when a health care provider
causes injury or death to a patient by failing to act
within the applicable standard of care. A physician or
other health care provider commits medical malpractice
and is negligent when he or she fails to act
reasonably under the circumstances and the
unreasonable conduct causes harm. In North Carolina
the law requires that an expert in the same
specialty, or someone who performs the same
procedures, testify that the physician breeched the
standard of care applicable for the same or similar
community and for physicians similarly trained and
experienced.
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What kind of mistakes can result in medical
malpractice?
The following types of mistakes are typical medical
malpractice:
- They did not diagnosis you properly.
- They did not perform the operation properly.
- They did not anticipate a problem which they
should have.
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How does a case result in medical malpractice?
In determining whether a medical practitioner made a
mistake, the court will consider what reasonable,
prudent medical practitioners would have done in the
same situation. If the medical practitioners did not
meet that standard, they could be found negligent.
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What is the definition of a medication error?
A medication error is defined as "... any
preventable event that may cause or lead to
inappropriate medication use or patient harm, while
the medication is in the control of the health care
professional, patient, or consumer. Such events may be
related to professional practice, health care
products, procedures, and systems including:
prescribing; order communication; product labeling,
packaging and nomenclature; compounding; dispensing;
distribution; administration; education; monitoring;
and use".
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How does a jury determine if a doctor's actions
were within the standards of good medical practice?
A jury will consider testimony by experts--usually
other doctors, who will testify whether they believe
your physician's actions followed standard medical
practice or fell below the accepted standard of care.
In deciding whether your heart surgeon was negligent,
for example, a jury will rely on expert testimony to
determine what a competent heart surgeon would have
done under the same or similar circumstances.
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I signed a consent form before my doctor performed
surgery. What did it mean?
It is common practice in hospitals for patients to
sign a form giving the doctor their consent, or
approval, to perform surgery. In the form, the patient
usually consents to the specific surgery as well as to
any other procedures that might become necessary.
Before you sign it, your doctor should give you a full
description of the surgery and the risks involved, and
the ramifications of not getting such treatment. If
you can prove that your physician misrepresented or
failed to adequately inform you of the risks and
benefits before surgery, your consent may be invalid.
Malpractice cases based on the lack of proper
informed consent only are extremely difficult cases.
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What do I do if I think I have a medical
malpractice claim?
Contact an experienced medical malpractice lawyer at
Keel O'Malley L.L.P. We will need to know exactly what
happened to you, from the first time you visited your
doctor through your last contact. For example:
- What were the circumstances surrounding your
illness or injury?
- How did your doctor treat your injury?
- What did your doctor tell you about your treatment?
- Did you follow your doctor's instructions?
- What happened to you?
Answers to these and other relevant questions become
important if you think your doctor may have committed
malpractice.
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What is the medical malpractice standard of care?
This is the minimum degree of care and skill that a
similarly trained and experienced physician in the
same or similar community would provide to a patient
who sought medical care for similar symptoms and
circumstances.
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My doctor made a mistake and admitted it. Do I have
a malpractice case?
An experienced medical malpractice attorney can help
you to determine if your case has merit. Many
mistakes are simply that, but if your doctor's
mistake was the result of negligence or failure to
meet the expected standard of care, then the answer
may be yes.
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