Doctors, Nurses and other Medical Providers including Hospitals
and Nursing Homes by and through their, Employees, Agents,
or Apparent Agents provide services for their patients, however, there are occasions
when errors are made. If you or a member of your family has been
injured or has died, or if you were
dependent upon someone who has died as a result of a clinical mistake, you may be
entitled to financial compensation. Almost 100,000 wrongful deaths and countless other
mistakes causing serious debilitating injuries occur every year in the United States as
a result of clinical medical malpractice errors. Less than 10% of all medical malpractice
errors will be investigated by a medical malpractice
attorney. To recover damages in a medical malpractice cause of action, a
medical malpractice claimant must show that more likely than not that the patient
or decedent suffered an injury or wrongful death which would not have
occurred, but for the negligent treatment of a health provider or providers
resulting in damages. Examples
of medical negligence occur in the fields of gynecology and obstetrics,
including complications of abortions, complications of delivery, failure to
interpret tests appropriately and delay in diagnosis amongst others.
Another area of recovery is the area where one fails to timely diagnose cancer. Cancer
may be breast cancer, colon cancer, ovarian cancer or numerous other types of cancer. Cancer
is normally staged and graded and one is able to usually tell what the primary site of cancer
was. Malpractice in cancer can occur in the failure to diagnose, failure to treat, improper
treatment, delays in diagnosis, failing to perform appropriate follow-up tests or prescription
errors in numerous other areas. Physicians must look at risk factors which
are attribute to cancer
when considering the overall condition of the patient as well as the
patients background in
deciding whether
or not they were exposed to certain chemicals which could lead to or be possible precursors
for cancer. In addition, certain individuals should be screened on a regular basis.
Specific laws applicable to medical malpractice in
various states are discussed in the
State Medical Malpractice Laws section.