Malpractice means negligence caused by a professional. A doctor or hospital can be sued for failing or order tests, missing a diagnosis, delaying treatment or other unreasonable conduct which causes injury to a patient. Malpractice cases are almost
always very hotly contested. Doctors rarely will admit they have done wrong - and can almost always find a colleague to defend their professional judgment. Law firms accepting malpractice cases must invest substantial time and lots of money to help prove that the care (or lack of it) caused the patients bad outcome.
Nursing Home Negligence
Usually nursing home negligence or malpractice
cases are considered health care malpractice although sometimes
they fall into the category of basic negligence law.
Health care facilities owe a duty to their patients
and residents to protect them and give them appropriate
care. If a facility fails to do this or to properly supervise
or monitor the resident's medical care, the resident or
the estate of the resident (if the resident is deceased)
may have a cause of action against the facility.
Sometimes residents continue to use their own physicians
and sometimes they use the facilities' attending physicians.
If they use the attending physicians, the facility is
liable for evaluating and monitoring the residents and
providing non-negligent physicians. Sometimes there is
an injury stemming from negligence rather than malpractice
- An injury which didn't occur because of the professional
relationship and which didn't occur because of failures
in the medical or nursing judgment on skill. Under these
circumstances, a simple negligence case may also be brought.
Birth Injuries / Trauma
There are many injuries that can occur during
pregnancy, labor or after birth. Providing care for a child
with special needs by seeking to secure the child's future
care and treatment is an overwhelming responsibility if
the child's injury was caused by medical error. A medical
malpractice insurance claim which, which there may be, may
provide financial security for the huge medical and financial
costs.
