What is medical malpractice or medical negligence?
Although the legal definition may vary slightly from state to state, as a general rule medical malpractice (also known
as medical negligence) means that a healthcare provider caused injury or death to a patient by failing to act within the applicable
standard of care.
In other words, a physician or other healthcare provider commits medical malpractice and is negligent when he or she
fails to act reasonably under the circumstances and the unreasonable conduct causes harm.
What are typical medical malpractice claims?
Lawsuits against health institutions and/or physicians, medical malpractice commonly occurs under the following circumstances:
• Birth Injury
• Surgical Negligence
• Anesthesia Malpractice
• Contaminated Blood
• Failure to Properly Diagnosis and/or Treat a Condition
• Injury from Prescription Drugs / Overdoses
How common is medical malpractice?
Unfortunately, medical mistakes are common place in the United States. A recently published study by the Institute of
Medicine reported that up to 98,000 people die each year in American hospitals due to medical mistakes. (To Err is Human.
Linda T. Kohn, et al. eds. Washington, D.C.: National Academy Press, 2000). That means that medical mistakes are the 8th leading
cause of death in our country.
Medical malpractice mistakes involving medication errors cause injuries to over 1.3 million persons a year.
When should I suspect that my injuries were caused by medical malpractice?
Not all medical mistakes are malpractice, but if you or a loved one has suffered an unexpected serious injury or death,
you should question whether the injury or death was caused by medical negligence. You owe it to yourself and your family to
know the truth and to hold the healthcare provider responsible for the harm he or she caused.
What should I do if I have been a victim of medical malpractice?
You may be experiencing pain and suffering and severe financial hardships. You should not go through this difficult time
alone. You, the patient, should not be paying for your doctor's mistakes or negligence. If you or a loved one are living with
the consequences of a misdiagnosis, it is important to contact an experienced lawyer who can protect your rights and get you
the compensation to which you are entitled.
Contact Mr. Walkon for your free consultation regarding your situation.
What else can I do besides sue for malpractice?
State regulatory boards and licensing authorities can be a source for review and disciplinary actions. In California
a complaint can be made to the Medical Board of California in Sacramento. Penalties and fines, including the suspension or
revocation of a license, can be imposed by state agencies and organizations.
