Law Offices of Michael Sabongui

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MEDICAL MALPRACTICE

A health care provider must use the level of skill, knowledge, and care in the diagnosis and treatment of patients that other reasonably prudent medical professionals in the community would use in the same circumstances. This level of skill, knowledge and care is often referred to as ''the standard of care.'' Medical negligence or "malpractice" occurs when a physician or other healthcare provider fails to adhere to this medical standard of care, leading to injury or death.

There are generally two different types of medical malpractice. The first is when a physician actually commits an act that is wrong. The other type of medical malpractice case occurs when a physician fails to do something that is the appropriate standard of care.

There are many type of health care professionals that can be liable for negligent care and treatment. These include medical and osteopathic doctors, physician assistants, dentists, chiropractors, nurses, and other healthcare providers. There are also many types of injuries that may result from a health care providers negligence. These myriad injuries include birth defects, death, paralysis, loss of limbs, and many more physical and emotional injuries. The injuries can result from many acts or omissions, a few which include performing a surgery under the standard of care, a failure to diagnose, a failure to properly treat or properly prescribe necessary medications or instructions, and a failure to provide proper informed consent to patients undergoing certain medical procedures.
Medical Malpractice cases are some of the most complex and difficult types of cases for a number of reasons. Cases are extremely expensive to take to trial, jurors generally like doctors and do not want to find them at fault, insurance companies will fight these claims to the end, and depending on the type of malpractice, these cases can be very difficult to prove. It is for that reason, that a highly qualified, experienced and honest attorney, is necessary to handle a medical malpractice case. If a case goes to trial, the Law Offices of Michael Sabongui will use highly qualified and well respected medical experts to address the reasons medical negligence occurred. In general, if a lawsuit goes to trial, a judge or jury must determine the level of skill, knowledge, and care that other reasonably careful health care professionals would and should use in similar circumstances, based on the testimony of the expert witnesses, which we will retain and use at trial on your behalf.

If you believe you or a loved one was injured or killed because of a health care provider's negligence, please contact the Law Offices of Michael Sabongui for a free consultation and evaluation.


RESOURCE LINKS

Medical malpractice is one of the more complex areas of law.  It is important to contact an attorney who is knowledgeable and experienced in this field.  For those searching the web for information, the following links may be of assistance.