How Can a Medical Malpractice Lawyer Help You?

Many think that a medical malpractice case is the result of a doctor making a mistake in treating a patient. However, for there to be a medical malpractice lawsuit, the medical malpractice lawyer must be able to prove that the medical practitioner committed a mistake and that the patient has been hurt due to that error. A malpractice lawsuit can be complicated primarily because both aspects may be difficult to prove. Medical negligence is both acting and failing to act on the part of a medical professional, which results to harm or injury to a patient.

The omission or mistake that a medical practitioner can make at any given time while a patient is having a medical treatment is medical negligence. A doctor may not prescribe the right medicine or treatment for a person's illness or he may make an error in diagnosing the illness. A medical practitioner must, at all times, provide standard care to his patient. That is, he must be able to provide the generally accepted treatment which is also used by other medical practitioners in treating or caring for the patients with the same sickness or condition. If the doctor failed to provide the standard of care then the patient, with the help of a medical malpractice attorney, can file a medical malpractice lawsuit against the medical practitioner.

If the patient is not harmed or injured by the doctor's mistake then there's a greater chance that the medical malpractice lawsuit will be dismissed. To prove that harm was caused by the medical practitioner's negligence, an expert witness must be able to explain how the medical practitioner's negligence had caused the patient's injury. In general, an expert witness is also a medical doctor. The expert can also be asked to explain how the particular medical doctor had violated the standard of care.

On September 13, 2012, a famous San Francisco cardiologist had been found guilty of medical malpractice thereby causing the death of Michelle Woo in 2009 after a heart operation. The jury voted unanimously (11-1) to find Dr. Peter Curran guilty of medical malpractice. The jury awarded $138,000 for funeral expenses and medicals costs as well as $1 million for emotional distress to Woo's daughter. It is expected to be reduced to $250,000, the limit the California law has set for emotional harm and pain from the malpractice incident. The jury found Dr. Curran negligent for not conducting repeated tests on Woo. The medical malpractice lawyer, Chris Dolan, argued that Dr. Curran would have found out that Woo had abnormal blood thinning which led to her internal bleeding and eventual death. Coumadin had been prescribed daily by Dr. Curran to Woo in order to prevent blood clotting.

Cases of like these happen more often than you may think. If you or someone you know has been the victim of medical malpractice, contact the Missouri medical malpractice attorneys at the Zevan and Davidson Law Firm today to schedule a free consultation by calling (314) 588-7200.