Healthcare providers, like other professionals, are required to utilize that degree of care and skill which should be expected of a reasonable practitioner under the same or similar circumstances. This requirement is known as the “Standard of Care.” Medical Malpractice claims seek compensation from healthcare providers for conduct that violates the Standard of Care, also known as negligence, and which results in injury to the patient. Medical Malpractice claims fall into two general categories:
- Active conduct in violation of Standards of Care that causes injury to the patient or
- Failures to act in violation of Standards of Care which result in injury to the patient.
We know bad results can and do happen, despite the medical provider’s best intentions and reasonable care. However, landmark studies by the National Institute of Health and other reliable sources tell us that more than 100,000 people die every year from preventable Medical Malpractice. Indeed, more people die from Medical Malpractice every year than from auto accidents, breast cancer, and AIDS -- combined. A recent report in Health Affairs also notes that 1 out of every 3 Americans admitted to a hospital will experience some sort of medical error.
Regrettably, in this day and age when medical care is directed and controlled by health insurance "cook books," we increasingly find that the quality of patient care suffers as a result. Indeed, due to the present mindset conditioned into a large segment of the medical profession, patients and their families are rarely advised of medical errors, despite the duty of medical providers to promptly report instances of Malpractice. Of course, such concealment of Malpractice by trusted care providers serves only to compound the emotional toll and frustration experienced by the victims of Malpractice.
Correspondingly, it is rare that medical records, which are of course prepared by medical providers, indicate any acknowledgment of Medical Malpractice. To the contrary, it has been our experience that medical care providers in most communities typically "close ranks" to avoid the acknowledgement of Medical Malpractice. This is another reason why Medical Malpractice cases take a great deal of time, effort, and expense to investigate and prosecute.
In our 30-plus years of experience, we have successfully investigated and prosecuted many Medical Malpractice claims to provide our clients needed answers and compensation for life-altering injuries and for the deaths of loved ones. To do so we have embraced and followed the philosophy and practice to intimately involve and advise our clients in the investigation and prosecution of their Medical Malpractice claims. We carefully and compassionately work with our clients to confront the profound injuries, disabilities, impairments, and emotional and financial fallout wrought by the serious injury or death of a loved one due to Medical Malpractice.
As with all other tort claims, Medical Malpractice cases are subject to specific deadlines (“statutes of limitation”), which are much more restrictive than other cases of negligent, reckless, and intentional misconduct. There are also a number of other insidious and restrictive procedural and substantive rules governing Medical Malpractice claims, which also deserve special explanation and attention, often depending on the nuances of the substandard care provided, and/or injuries. Accordingly, we urge you to call without delay for a free legal consultation if you believe that you or a family member has been injured by Medical Malpractice.