Medical malpractice occurs far too often in hospitals and other treating facilities. Medical professionals are often protected by their own legal teams and that is why it is so important for you to have an Allentown medical malpractice attorney at Drake, Hileman & Davis, PC on your side.
What is Medical Malpractice?
There are four things that must generally be demonstrated to show that medical malpractice occurred. The four legal elements that must be proven are:
- A professional duty owed to the patient;
- Breach of such duty;
- Injury caused by the breach; and
- Resulting damages.
Professional Duty. Not all medical professionals owe a duty of care to everyone. There must be an existing relationship between you and a medical professional that would give rise to a duty of care being owed. For example, if you hire a surgeon to perform an operation, that surgeon owes you a duty of care to perform the operation with care, which meets that duty.
Breach of Duty. The second element that must be proven to show medical malpractice is that the duty of care owed was breached. In other words, it must be demonstrated that the medical professional failed to perform his or her duties at a level of competency required by law.
Injury. It must also be demonstrated that the breach of duty actually caused the injury in question. For example, even if a surgeon performed a surgery poorly, and breached his or her duty of care to you, it still must be shown that the poorly performed surgery caused your injury.
Damages. Finally, it must be shown that the injury caused you some type of harm recognized under the law.
We work with medical and other professionals to help demonstrate each one of these elements. Getting a medical malpractice judgment can be very difficult so it is important to have an experienced legal team on your side. Contact us today to discuss your rights and options under Pennsylvania law.
Are There Different Types of Medical Malpractice?
Medical malpractice can occur in many ways and in many settings. Here are a few examples:
- Failure to Diagnose or Improper Diagnoses. A medical professional may have committed medical malpractice if the medical professional fails to identify the true source of an injury or illness.
- Operations. Unfortunately, medical malpractice occurs far too often in operating rooms. Break downs in communication can lead to surgical equipment being improperly used or even left inside a patient after surgery.
- Post-operative Care. Medical malpractice could also occur after an operation. For example, burn injuries require continued care even after an operation and a medical professional’s failure to properly provide this post-operative care properly can lead to medical malpractice and serious injury.
These are just a few of the instances where medical malpractice can occur. Contact us today at 888-777-7098 if you have been injured by a medical professional.
Why Do I Need a Medical Malpractice Attorney?
An experienced Allentown medical malpractice attorney at Drake, Hileman & Davis, PC can help you through the entire legal process. We work with you and medical professionals to ensure that your case is thoroughly reviewed and aggressively represented.