Medical negligence is a form of medical malpractice that occurs in hospitals and other treating facilities far too frequently. A dedicated team of legal professionals can help those injured by medical negligence get the compensation that they deserve. Do not suffer because of the negligence of another — contact one of the Allentown medical negligence lawyers at Drake, Hileman & Davis, PC today to discuss your case.
What is Medical Negligence?
Medical negligence occurs when a medical professional’s conduct falls below the required standard of care and an injury results. Medical negligence can occur in many different ways and settings.
- General Practitioner. A diagnosing general practitioner can act negligently when he or she fails to appropriately identify or treat an injury or illness.
- Hospital. Communication breakdown is a common factor in hospital medical negligence. Patients are often exposed to many different medical professionals while staying at a hospital and their failure to communicate with each other can lead to your injury or illness becoming worse and even deadly.
- Operating Rooms. Medical negligence can occur in the operating room for many reasons. Operating room can be very stressful but this does not relieve medical professionals of their responsibilities towards their patients and they cannot act negligently.
Medical negligence can arise in many other settings and in many other ways. If you believe that you or a loved one were subjected to negligent conduct by your medical professional, you are encouraged to contact a lawyer immediately.
How is Medical Negligence Proven?
There are four elements that must be proven to demonstrate a medical negligence claim:
- Duty. A duty (a special relationship) must exist between the medical professional and the injured before a medical negligence claim will be appropriate. Typically, any medical professional that interacts with you by giving advice, prescribing or administering medication, or conducting operations has a duty to you.
- Breach of Duty. Once a special relationship is established, it must be shown that there was a breach of the duty owed. For example, an operating surgeon owes you a duty of care when amputating your right leg; however, he negligently removes the left leg. That is a breach of duty.
- Causation. It must also be shown that the medical professional’s breach of duty is what caused you harm. This can be difficult in situations where the patient is already seriously injured or ill.
- Damages. Finally, it must be shown that there are damages that resulted from the medical professional’s medical negligence.
Contact one of our medical negligence attorneys to discuss your injuries. We will walk you through the entire legal analysis and work hard to get you the compensation that you deserve.
What Should I Do if I Have Been Injured Due to the Negligence of a Medical Professional?
There are some very important steps that you should immediately take if you have been injured by a medical professional.
- Seek Appropriate Medical Attention. Getting your injury or illness appropriately managed by a competent medical professional is critical. The sooner you seek medical attention the sooner we will be able to determine whether your injuries have been caused medical negligence.
- Record Keeping. Keeping accurate and clear records of what happened and when it happened is necessary to ensure that you receive full compensation. For example, you will want to keep a journal that describes how the medical negligence has negatively impacted the lives of you and your family.
- Legal Support. Seek legal support as quickly as possible after your injury. The sooner we get involved the more quickly we will be able to secure evidence and move the legal process forward.
Do I Need a Lawyer to Pursue a Medical Negligence Claim?
An experienced personal injury legal team is critical to getting you all the compensation that you deserve as quickly as possible. Contact Drake, Hileman & Davis, PC today at 888-777-7098 to speak with one of our medical negligence lawyers about your case.