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Medical malpractice, occurs when a health care provider violates the governing standard of care when providing treatment to
a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner,
or by the failure to take a medically appropriate action. Examples of medical malpractice include:
* Misdiagnosis of, or failure to diagnose , a disease or medical condition;
* Failure to provide appropriate treatment for a medical condition;
* Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider,
including doctors, counselors, psychologists and psychotherapists.
MEDICAL MALPRACTICE
Medical malpractice in general is any act or failure to act by a member of the medical profession that results in harm,
injury, distress, prolonged physical or mental suffering, or death to a patient while that patient is under the care of that
medical professional. Usually harm must be proven to have occurred.
PROVING MALPRACTICE
Proving malpractice requires skilled detective work on the parts of the medical and legal professionals involved. The
negligent action must be proven legally within set guidelines as well as from the careful and painstaking review of all of
the medical records available for the case. The burden of proof is found in the medical records. Careful analysis of the available
records will generally disclose areas of fraud, neglect, and malpractice even in cases of intentional cover-up and fraud.
This is the expertise and service that L D H P Medial Review Services Corp. offers to the legal and insurance professions
on behalf of the general public.
WHY SHOULD I CONSIDER LITIGATION?
First--You may help prevent more injury and suffering. Often an area of neglect will continue for years and affect many
individuals until someone comes forth. Your action will help correct a WRONG.
Second--Any time a negligent institution is forced to pay monetarily for their error, it produces a MUCH greater incentive
to not allow the error to continue. Also a financial benefit obtained will help defer the cost of care for the individual
in a more qualified setting.
Third--Litigation and the fear of litigation serves as a "WATCH DOG " for more quality care and it is not necessarily
the result of someone "being out for all they can get," but rather the result of someone "wanting justice,
the correction of a wrong and prevention of the recurrence of a problem."
WHY SHOULD I NOT CONSIDER LITIGATION?
Litigation is emotionally and financially costly. The desired outcome is never certain. Other avenues may be available.
Discuss the pros and cons of litigation with an attorney.
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