Medical malpractice errors are responsible for 98,000 wrongful deaths each year. More people die from medical mistakes than from all car accident deaths. Medical malpractice mistakes involving medication errors cause injuries to over 1.3 million persons a year.
Medical malpractice law defines negligent medical conduct as the doing or the failure to do something that a reasonably careful doctor or other health care professional in that field would or would not do under the same or similar circumstances.
In medical malpractice law the fictional “reasonably careful health care provider” standard has been created. The legal issue revolves around whether the doctor, hospital or other health care provider was “negligent.” This “reasonably careful health care provider” is somewhat subjective, in that it allows the medical profession to define the standard by which its conduct will be judged.
At the law offices of Dean J Caras and Associates, we work hard to establish through expert testimony the standard of care required of the Defendant doctors or other health care providers in the field of the defendant and that the defendant breached or failed to adhere to that standard of care, thereby causing the plaintiff’s injury. We have a board certified medical doctor of our staff who can provide immediate reviews of medical records to determine whether or not your medical malpractice case has merit. In many medical procedures there are risks which cannot be avoided even if the doctor exercises the greatest caution. These are called unavoidable risks. On the other hand, risks which are unavoidable even when the greatest care has been exercised, may in a particular case, be shown by an attorney to have resulted from lack of due care by the doctor or other health care professional.
The most important time is the hours after a medical procedure that make the difference in a good outcome or a bad one. We specialize in cases involving inadequate care in the hours after surgery where improper monitoring and deficient instructions can cause delay in recognizing surgical complications. If you think you or a loved one was negligently cared for in the hours after a medical procedure, call us and we will investigate the matter for you.
