When a doctor or other health care professional causes injury rather than cures it, you have the basis for a medical malpractice lawsuit. Just because a patient gets sicker or dies, however, is not by definition malpractice. Medical malpractice laws do not punish providers simply because a condition is untreatable, unavoidable, or because a patient did not respond to treatment as hoped. If a provider acts with reasonable care and skill, typically there is not a case for medical malpractice, even if the outcome is unfortunate.
However, if there has been a deviation—either an act or failure to act — from established medical procedure, then you will need an experienced medical malpractice attorney to lead the process of gathering, interpreting, and conveying complex medical evidence to a judge and jury.
What is Medical Malpractice?
Medical malpractice can happen under a variety of circumstances, such as:
Failure to provide a level of care that a similarly-skilled and educated doctor would provide in similar circumstances. A trial will seek to establish a standard of care in the situation, then prove that the doctor deviated from, or failed to rise to, that standard.
Although rare, a doctor’s action or inaction may be considered reckless. Performing surgery under the influence of alcohol, or administering damaging or lethal doses of medication against recommended prescribing practices would be examples of recklessness.
Failure to diagnose
Doctors have a duty to determine the sickness or illness of their patients so that appropriate care can be provided. When they fail to properly diagnose a patient, there may be a case for medical malpractice.
Failure to advise
Doctors have a duty to inform their patients of the risks of the treatments they are recommending/performing. When they do not advise their patient of risks, especially if the risk is high or life-threatening, this may meet the criteria for medial malpractice.
Experience Counts, Especially in Medical Malpractice Cases
Proving malpractice can be difficult, especially when the victim must depend on the doctor or hospital’s own records, which are likely skewed in favor of their own defense. You will need a lawyer who is skilled at obtaining and dealing with complex medical evidence. The attorneys at M. Blake Heath, Trial Attorney LLC have handled many different types of medical malpractice claims, including:
- Surgical error cases: For example, sponges left in the body or pierced arteries.
- Punitive damages: While even good doctors make mistakes, sometimes they are negligent and punitive damages are necessary to hold them accountable.
- Hospital and Institutional Malpractice: When a hospital hires unqualified or under-qualified professionals, they must be held accountable.
Our attorneys are effective in using demonstrative exhibits and expert witnesses to win our cases. We have an impressive track record of awards and medical malpractice verdicts, including many in six figures.
M. Blake Heath, Trial Attorney LLC is a small Kansas City firm focusing on personal injury, such as semi truck accidents, catastrophic personal injury, and insurance bad faith. We are client-centered and responsive to their needs. Our attention to our clients and willingness to pursue avenues that other attorneys have missed has resulted in multiple six and seven figure verdicts and settlements.
If you or a loved one have been the victim of medical malpractice, contact the attorneys at M. Blake Heath, Trial Attorney LLC to learn more about how we can help protect your rights. Fill out this intake form, or call: 816-931-0048