Medical Malpractice Questions

What is medical malpractice?
Medical malpractice occurs when a health care provider causes injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

Why can't I find a lawyer to take my case? My doctor made a mistake and admitted it. Don't I have a good case?
Not necessarily. At Ward Black Law, we want to do the right thing. An overwhelming majority of the time, that means not taking a case against a doctor. We believe that very few medical malpractice cases should go forward against physicians. Doctors, like lawyers and other professionals, make mistakes. That a mistake is made does not make a lawsuit the right thing to do. In many cases, we get calls that a mistake has been made but we decline to take the case because the patient has fully recovered and really had few damages. We believe that in these cases, for many reasons, it is not right to sue a doctor. We can't help the hundreds of people who call us with cases like these.

But in a few situations, filing a medical malpractice case may be the right thing to do. If you want a lawyer who takes "every case that comes in the door," we are not the right firm for you. But if you want a lawyer with integrity, call us to discuss the merits of your case.

What is the applicable standard of care?
This is the degree of care and skill that the average qualified doctor would provide to a patient who sought medical care for similar symptoms and circumstances

What kind of mistakes can result in medical malpractice?
Medical negligence can occur if a health care provider

• did not get clear permission before operating on you.
• did not diagnosis you properly.
• did not perform an operation properly, or render appropriate treatment.

How do I know if I have a medical malpractice case?
A bad medical result does not always mean malpractice. Generally, to file a medical malpractice lawsuit, you must have expert medical testimony that your physician acted in a way that was below the standard of how other reasonable doctors would have acted. Reasonableness is generally determined by looking at what similar providers do. You must prove through expert testimony that the negligence of your health care provider was a cause of injury or death. To speak to someone about your case, contact Ward Black Law today.

What is a medication error?
A medication error can occur where a physician prescribes the wrong medication, the wrong dosage, doesn't take into account dangerous drug interactions, or where a pharmacist misfills a prescription.

How does a jury determine if a doctor's actions were within the standards of good medical practice?
A jury will consider testimony by experts--usually other doctors, who will testify whether they believe your physician's actions followed standard medical practice or fell below the accepted standard of care. In deciding whether your heart surgeon was negligent, for example, a jury will rely on expert testimony to determine what other heart surgeons would have done under the same or similar circumstances.

I signed a consent form before my doctor performed surgery. What did it mean?
It is common practice in hospitals for patients to sign a form giving the doctor their consent, or approval, to perform surgery. In the form, the patient usually consents to the specific surgery as well as to any other procedures that might become necessary. Before you sign it, your doctor should give you a full description of the surgery and the risks involved, and the ramifications of not getting such treatment.

What do I do if I think I have a medical malpractice claim?
Contact an experienced medical malpractice lawyer at Ward Black Law. Tell us exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.

For more information, see our page on Medical Malpractice.