Doylestown Medical Malpractice Attorney
Medical malpractice can have serious and even deadly consequences. Contact Drake, Hileman & Davis, PC today at 888-777-7098 to discuss your Doylestown medical malpractice case today.
What is medical malpractice? Medical malpractice occurs when a medical professional, such as a doctor or surgeon, harms a patient of theirs through negligent or reckless conduct. Medical professionals are held to a standard of care that requires them to act prudently and in the best interest of their patients. Examples of medical malpractice include:
- Failure to Act. Doylestown medical professionals must respond appropriately when a patient exhibits symptoms of an injury or illness. Failing to act can cause further harm to the patient and takes time away from the patient to seek proper medical attention.
- Misdiagnosis. A misdiagnosis occurs when a patient exhibits symptoms that should lead a medical professional to believe that the patient has a certain illness or injury, but where that medical professional negligently, and wrongly, concludes that something else is causing the patient’s symptoms. A misdiagnosis often occurs when a specialized medical professional attempts to diagnose an illness or injury that is not within the scope of his or her practice.
- Improper Treatment. Even where the diagnosis is proper a medical professional may still act negligently if he or she improperly treats the illness or injury. Improper treatment can also occur when a medical professional fails to identify where multiple drugs or treatments are not safe when used together.
- Failure to Disclose. Medical professionals have a responsibility to disclose material side effects of the drugs or treatments that they prescribe. Additionally, a surgeon would be required to disclose all material negative side effects of any operations they wish to perform. Of course, there are times when a patient is not able to receive full disclosure, such as in an immediate medical emergency.
There are numerous other ways in which a medical professional can act negligently causing harm to a patient.
Proving Medical Malpractice in Doylestown
Medical malpractice claims can be difficult to prove and it is important to have an experienced Doylestown medical malpractice attorney working with you throughout the process. Generally, in order to prove a medical malpractice claim, the following must be established:
- Duty of Care. There must be a special relationship between the patient and the medical professional. For example, the surgeon performing the operation would have a duty of care towards the patient he or she is operating on. The hospital or treating facility where the medical malpractice occurred may have a duty of care as well.
- Breach of Duty. Once a duty has been established it must be demonstrated that the medical professional breached that duty of care. This is more difficult than it sounds. A breach will only occur where the medical professional has acted negligently or recklessly. Simply doing a poor job may not rise to the level carelessness needed to establish a breach of duty.
- Causation and Harm. Finally, it must also be established that the medical professional’s negligent actions are what caused the patient harm. Where a patient dies, or is suffering from a terminal illness it is very difficult to demonstrate that the medical professional’s conduct caused further damage or was the actual cause of the patient’s death.
Each of these elements must be established to demonstrate a medical malpractice claim. Our Doylestown medical malpractice lawyers often work with medical experts to help establish medical malpractice claims.
Drake, Hileman & Davis, PC: Helping the Injured in Doylestown
Contact a medical malpractice attorney today if you or a loved one has been injured or killed by the negligent or reckless conduct of a medical professional in Doylestown. Call Drake, Hileman & Davis, PC today at 888-777-7098 to discuss your case.