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Because of the intense training and knowledge required to be a physician, we all simply have to trust in the expertise and training of the doctors that we rely on to diagnose and treat our ills. This inability to know for ourselves whether a diagnosis or treatment is proper or improper is why there is a legal concept of "standard of care." This is quite simply what a reasonably competent physician, surgeon, or healthcare practitioner is required to do under the circumstances involving the diagnosis or treatment of a patient. When this standard of care is not adhered to and results in injury or further injury, then the responsible medical practitioner can said to be "negligent" in regard to the accepted standard of care. In other words, if you have a complaint and they fail to take the proper tests, recommend incorrect treatment plans, or prescribe inappropriate medication, they are negligent if most competent physicians in your community would have routinely treated your symptoms in the proper manner.
The potential for catastrophic injury or death in cases of negligent healthcare is apparent. However, on top of any injuries that are sustained, victims and their families must also cope with costly medical bills, lasting emotional pain, and loss of future income if the victim is permanently disabled because of this improper treatment.
Therefore, if a treating health care provider has proceeded in diagnosis and treatment in a negligent manner, the proper course of action to recoup as best you can what has been lost may be to file a medical malpractice lawsuit. When a health care provider's negligent actions cause an injury to someone else but do not rise to the level of a crime, they are said to be a civil matter (as opposed to a criminal matter), which means that the issue will be judged in a court of law with regard to proper compensation for the victim since monetary compensation is the only thing aside from criminal penalties that can be awarded to the victim in the legal system. In extreme cases of negligence, the victim may seek punitive damages to punish the negligent party and to deter others from offering the same type of negligent healthcare.
We understand that your immediate goals after going through such trauma are to get your medical bills covered, make sure you do not suffer financially through lost wages or loss of earning capacity, and to make sure that your insurance company will cover any future treatment that relates to the injury you have sustained because of negligent healthcare.
Also, you should realize that your treating physician is not the only individual that can be liable for medical malpractice. You may also have received improper treatment from lab technicians, emergency medical personnel, nurses, surgeons and physical therapists.
If you have sustained an injury as a result of medical negligence, give us a call and we can help you weigh your options. We are experienced in determining whether malpractice has occurred by reviewing your medical records and reviewing your case with reputable medical providers. Our fee comes from the compensation, settlement, or award we procure for you, so we do not receive a fee unless and until you are compensated.
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