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What Counts as Medical Malpractice?

Medical error is the third leading cause of death for adults in the United States, surpassed only by heart disease and cancer. If you’ve been hurt because a doctor or other medical personnel failed to take necessary precautions or warn you about the risks of your treatment, you may have grounds to file a medical malpractice lawsuit. Unfortunately for injured patients, however, it can often be difficult to tell what constitutes medical malpractice in the first place.

At Simeone & Miller, LLP, our committed attorneys will serve as your advocates in the event of a medical-related injury. As real courtroom attorneys who have recovered millions for medical malpractice victims, we know exactly how to craft a compelling case strategy and fight for your right to fair compensation.

In this blog post, we’ll review what it means for a doctor or medical professional to commit malpractice – and how you can prove medical malpractice in court.

Defining Medical Malpractice

All skilled professionals are held to a high ethical standard when it comes to their clients. For doctors, nurses, and medical specialists, that standard is even higher because they deal with matters of life and death. The medical “standard of care” is usually defined as the level of care and attention you would expect from an ordinary health care professional in the same practice area as your physician. Patients have a right to expect that their physicians will satisfy this “standard of care” throughout the entire process of medical examination, diagnosis, treatment, and aftercare.

Some common violations of the standard of care include:

  • Misdiagnosis, delayed diagnosis, or diagnostic error
  • Hospital-acquired infection or sepsis
  • Incorrect application of medical devices
  • Failure to inform a patient about procedural risks
  • Prescription and medication errors
  • Premature hospital discharge or care transfer
  • Failure to obtain informed consent from the patient
  • Avoidable delay in medical treatment
  • Lack of proper monitoring after a procedure
  • Failure to communicate important test results

How Do I Prove Malpractice?

When your healthcare provider violates the standard of care, it can result in serious and lasting health complications – or even fatal injuries. To recover for medical malpractice, however, you can’t simply show that a violation occurred. You must also demonstrate that your provider’s actions caused direct damage to you, including physical, emotional, or financial damages. Additionally, you have to establish that the negligence happened in the first place.

Because most patients are not familiar with complex medical terms and processes, your attorney will likely need to work with expert witnesses to secure a positive outcome for your case. An expert witness is someone with extensive medical training and knowledge in a field related to your case, who can help you identify any and all medical errors and the resulting injuries to a judge or jury.

At Simeone & Miller, LLP, we work with a network of expert medical professionals from the very start of your case and take the time to understand where the negligence occurred and how it affected your life. By advancing the expenses in your case and taking care of all the important details, we’ll help you focus on recovering from your injuries, without spending thousands in upfront costs. Our attorneys are also intimately familiar with malpractice laws in Maryland, Virginia, and Washington, D.C., and we will ensure that all appropriate notices and timelines are met.

Do you think you have a medical malpractice case? Call (202) 888-0872 to schedule a confidential, free consultation with our team.