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Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. Obviously the provider cannot be responsible for the original underlying medical problem, but they are responsible for any injuries or worsened conditions due to their negligence. Such errors are often avoidable and result from medical professionals who are inadequately trained or who are simply too busy to be thorough. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. It is important to remember that a medical professional does not have an implied duty to cure or even to guarantee a good outcome from treatment. Malpractice does not occur every time a treatment does not work. Rather the duty is to provide good medical care according to accepted standards in the community, or, for a specialist, acceptable standards in that medical specialty.

Medical malpractice can occur in many different ways. There are many mistakes that can be made by a medical professional. The most common cases of medical error brought against doctors are:

• Delay or failure in diagnosing a disease.
• Surgical error or anesthesia related mishap during a medical operation.
• Physician's failure to gain the informed consent of the patient for an operation or surgical procedure.
• A physician who has made the correct diagnosis, but failed to properly treat the disease.
• Misuse of prescription drugs or a medical device or implant.
• Failure to administer appropriate emergency room treatment.
• Medical instruments or objects dropped in a patient during surgery and left there.
• Errors in prenatal diagnostic testing.
• Even failing to inform the patient of available treatment, or continuing to use an ineffective treatment is a medical error.

A doctor has an implied duty to you to use care and diligence in diagnosing your injury so the proper treatment can be administered. They should ask about medical history, a description of symptoms and they should perform a thorough examination.

If you or someone you know was a patient who acquired an unrelated injury or was left with a greater disability than before medical treatment, then there is a possibility that medical malpractice was the cause of the undesired results. To determine whether or not you have a medical negligence case, contact our Lancaster, Pennsylvania based medical malpractice lawyers for a free consultation.

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