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When Medical Care Leads To Medical Crisis - October 23rd 2018

It’s a nightmare scenario. You go to a trusted healthcare provider for treatment for a medical condition, but instead of getting better, you are further injured as a result of medical malpractice.

Now you’re dealing with additional medical treatment costs, possible loss of income, pain and suffering, among other adverse consequences. What remedies are available for a patient injured due to medical malpractice?  First, the patient must understand what medical malpractice is.

Medical malpractice can occur when a health care professional, through a negligent act or omission, causes an injury to a patient. According to Medical News Today this includes:

  • Failure to diagnose or a misdiagnosis;
  • Misreading or ignoring laboratory results;
  • Unnecessary surgery;
  • Surgical errors or wrong site surgery;
  • Improper medication or dosage;
  • Poor follow-up or aftercare;
  • Premature discharge;
  • Disregarding or not taking appropriate patient history;
  • Failure to order proper testing;
  • Failure to recognize symptoms.

In order to succeed in a medical malpractice claim, the patient has the burden of proving the following: 

  1. The existence of a legal duty on the part of the doctor to provide care or treatment to the patient;
  2. A breach of this duty by a failure of the treating doctor to adhere to the standards of the profession;
  3. A causal relationship between the breach of duty and injury to the patient; and
  4. The existence of damages that flow from the injury such that the legal system can provide redress.

If you believe you have been injured as a result of medical malpractice, contact the personal injury attorneys at Hyberg, White, and Mann to schedule your free consultation: 609-407-1000.


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