When we are sick, we go to the doctor, and we expect that the doctor will help us feel better. In some unfortunate cases, though, the doctor ends up making a patient worse, not better. In these cases, the doctor may have committed medical malpractice, which can subject the doctor to legal liability for the injuries he or she caused. Malpractice occurs every day in America, and our team of attorneys at Bailey Glasser has seen malpractice in every type of applicable setting.
If you or a loved one has been injured by a negligent doctor and believe you may have a claim for medical malpractice, contact our team as soon as possible. We offer free consultations to prospective medical malpractice clients, and we’re looking forward to hearing from you about your prospective case.
Medical Malpractice Definition and Examples
The law defines medical malpractice as any time a doctor or other health care provider acts (or fails to act) in a manner that is not in line with an accepted standard of medical care. Malpractice can be committed by any type of healthcare professional. In some cases, malpractice suits can be brought against multiple healthcare professionals, including entire offices or teams of providers, when injuries are caused by an ongoing policy or systemic issue associated with an entire team. Most commonly, malpractice cases are filed against:
- Primary care physicians
- Surgeons and anesthesiologists
- Nurses and physician assistants
- Dentists and orthodontists
- Chiropractic and osteopathic physicians
No matter who committed the wrongful acts, however, if you or a loved one suspect that you may have been affected by medical malpractice, you should contact a Bailey Glasser attorney as soon as possible.
How to Prove Medical Malpractice
Medical malpractice can be difficult to prove in a lawsuit because it can be difficult to determine exactly where the wrongdoing occurred. In the easiest malpractice cases, one doctor makes one mistake during a procedure or operation, and the malpractice is identifiable. But in more complex cases, malpractice may stem from a series of errors or from a faulty protocol employed by an entire group of medical professionals. A Bailey Glasser malpractice attorney can assist you in investigating your claim to determine where things went wrong, and in turn, from whom compensation should be sought.
To make matters worse, doctors and hospital systems are oftentimes quick to cover their own tracks in an effort to avoid malpractice liability. For that reason, it can be difficult to obtain evidence without the assistance of an attorney. Regardless of the evidence available in any given case though, to win a malpractice lawsuit, a Pittsburgh plaintiff will have to show that:
- A standard of care exists to show how reasonable healthcare providers would treat similarly situated patients
- The defendant health care provider did not act in accordance with that standard of care
- The plaintiff patient was injured
- The injuries were caused by the defendant’s violation of the standard of care
Standard of Care in Malpractice Cases
The “standard of care” element in a medical malpractice lawsuit is often the most important, as doctors will almost always attempt to argue that their actions were within the standard of care. Of course, doctors are afforded discretion to make decisions when treating their patients, but in a malpractice case, the plaintiff must present expert testimony to show that the doctor’s actions were so far beyond reasonable conduct that they could not have even been within discretion.
Our experience in handling medical malpractice cases has put us in touch with a vast network of expert physicians who can testify to appropriate standards of care in all kinds of malpractice cases, and we can use our knowledge of standards of care to assist you in evaluating the strength of your malpractice claim.
Examples of Medical Malpractice
Medical malpractice can occur in any healthcare setting and in any situation where a healthcare professional has acted out of accord with an accepted standard of care. But even though malpractice cases are extremely varied, some common examples of medical malpractice include the following:
- Errors during surgeries or procedures
- Missed or delayed diagnosis
- Wrongful prescribing or dispensing of medication
- Anesthesia errors or ineffectiveness
- Birth injuries and birth trauma
- Failure to interpret or misinterpretation of test results
Signs of Medical Malpractice
As previously discussed, medical malpractice can be difficult to prove because of the way doctors and hospitals will attempt to cover their tracks. For that reason, the most important sign of medical malpractice is to trust your instincts – if you suspect that something improper has occurred, you should reach out to an attorney as soon as possible to inquire about a lawsuit and a proper investigation. But otherwise, some specific warning signs of medical malpractice include:
- Injuries that do not respond to treatments or therapies
- Unexpected and severe side effects that may be unrelated to your original condition
- Communication issues with your healthcare providers
- A second opinion different than your initial diagnosis
- Unexpected complications that were not discussed
- Unusual behavior by doctors or healthcare providers
While these examples are specific signs that may suggest malpractice, if you suggest in any way that you or a loved one has been affected by medical malpractice, you should get in touch with an attorney as soon as possible.
Contact Bailey Glasser Today for a Free Consultation
Bailey Glasser is a nationwide personal injury law firm that operates on seeking justice for injured accident victims. Malpractice is an entirely preventable occurrence that should never happen, and our team of attorneys understands that malpractice victims deserve justice for the injuries they’ve suffered due to doctors’ negligence. We routinely represent medical malpractice victims in Pittsburgh and greater Pennsylvania, and our experience in these cases informs our practice.
At Bailey Glasser, we stand also up for victims of car accidents and birth injuries, advocating for the compensation and justice they deserve. Whether you’re recovering from a road collision or navigating the complexities of a birth injury, our experienced team is ready to help.
We offer free, no-risk consultations to prospective malpractice clients, and we’re looking forward to hearing from you today. Contact us now to set up an appointment with a member of our team about your prospective medical malpractice lawsuit.