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Unveiling the Complex World of Medical Malpractice: What You Need to Know


Medical malpractice is a term that carries significant weight and, unfortunately, touches the lives of many individuals who seek healthcare.

Understanding this complex issue is crucial, as it involves the failure of medical professionals to meet a standard of care expected in their field.

Defining Medical Malpractice When Standards Fall Short

At its core, medical malpractice occurs when a healthcare professional, whether a doctor, physician, pediatrician, nurse, anesthesiologist, midwife, or others, fails to uphold the established standard of care.

This standard is determined by evaluating what another qualified medical professional would have reasonably done in the same situation. Often, defining this standard and determining when a provider fails to meet it requires other qualified medical professionals and medical experts to evaluate the circumstances surrounding a patient’s injury and the provider’s quality of care. If these professionals attest to the fact that a provide erred in caring for a patient, whether it be because they made a preventable mistake or committed some other negligent act, there may be a valid basis for bringing a lawsuit.

At Bertoldo Carter Smith & Cullen, we maintain a network of professional connections with medical experts precisely for this reason, as their insight can help us build strong claims for clients and obtain the testimony that supports and further strengthens their claims.

Common Faces of Medical Malpractice

Medical malpractice is a multifaceted challenge that can manifest in various ways, including:

  • Failure to Diagnose a Condition: Occurs when a medical professional fails to identify a patient's medical condition.
  • Delayed Diagnosis or Misdiagnosis: Includes instances where a diagnosis is delayed or inaccurately assessed, with particular concern for misdiagnosis, especially in cases involving cancer.
  • Failure to Treat or Delayed Treatment: Happens when necessary treatment is overlooked or delayed, affecting the patient's health and recovery.
  • Birth Injuries: Encompasses injuries sustained by infants during the birthing process due to medical negligence.
  • Emergency Room and Hospital Negligence: Addresses lapses in care within emergency rooms or hospital settings that result in harm to patients.
  • Surgery Mistakes: Refers to errors made during surgical procedures, which can have severe consequences for patients.
  • Anesthesia Errors: Involves mistakes in administering anesthesia, potentially leading to complications or harm.
  • Medication Errors: Occurs when mistakes are made in prescribing, administering, or monitoring medication, posing risks to patient safety.
  • Hospital Infections: Involves instances where patients acquire infections due to inadequate hospital protocols.

Seeking Justice for Medical Malpractice

Understanding these various forms of medical malpractice is the first step in empowering patients to recognize and address potential issues. If you or a loved one has experienced any of these situations, it's crucial to seek legal guidance promptly, as medical malpractice cases require time to conduct investigations, collaborate with medical experts, and build winning claims.

As a personal injury law firm committed to advocating for victims of medical malpractice, Bertoldo Carter Smith & Cullen is here to provide support and guidance to victims and families harmed by negligent health care professionals. We’re passionate about advocating for the injured and work relentless to help clients fight for the justice and compensation they rightfully deserve.

If you have questions or concerns about a potential medical malpractice case, don't hesitate to reach out. We're here to help you navigate the complexities of the legal system and work towards a fair resolution. Call (702) 505-8115 to request a free consultation.