Medical Malpractice

The Intersection of Law and Medicine.

Medical Malpractice is generally defined as improper care or treatment by a physician, hospital, or other provider of health care, which causes harm to the patient. Medical Malpractice or Medical Mistakes may take the form of an act or an omission. This can include doing something that should not have been done (an act), or by failing to do something that should have been done (an omission). Medical Malpractice is often referred to as medical negligence.

Medical Malpractice Laws apply to doctors, nurses, hospitals, practices, nursing homes, skilled nursing facilities and other health care professionals and institutions. Medical Malpractice Laws are different, often significantly, from jurisdiction to jurisdiction.

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In its most basic legal terms, "Medical Malpractice" describes conduct that deviates from the reasonable standard of care, and which causes harm to the patient. Medical practitioners and medical institutions are not held to a standard of absolute infallibility. Rather, a medical practitioner must use the same degree of care as a reasonable medical practitioner would under the circumstances.

Medical practitioners and medical institutions are required to possess and employ the same knowledge and skill, and use the same level of care that is normally used in the medical profession in which that medical practitioner or institution is engaged. Medical practitioners who hold themselves out as specialists in a particular field of medicine must have the same knowledge and skill and use the same care as other specialists in that same medical specialty.

Medical practitioners must also keep informed of the contemporary developments in their medical profession and must use current skills and knowledge in their care and treatment of their patients.

Medical practitioners or medical institutions whose conduct does not meet their professional standards of care, and thereby causes harm, can be found negligent.

Medical Malpractice Claims against physicians often include allegations of the failure to properly and timely reach a proper diagnosis; failing to appropriately treat or manage the medical condition, or inappropriately treating and managing it; failure to timely have surgery performed; failure to obtain such testing as was indicated; failure to properly interpret the results of such testing; failure to obtain proper historic information; failure to obtain consultations; failure to promptly and timely perform surgery; and failure to create a proper differential diagnosis and act in proper accord with it.

Medical Malpractice Claims against hospitals and institutions often include: failure to use reasonable care in the maintenance of safe and adequate facilities and equipment; failure to select and retain only competent physicians; failure to oversee all persons who practice medicine within its walls as to patient care; failure to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patient.

In Pennsylvania the number of doctors being disciplined increased by 50 percent in 2004. The number of disciplinary actions taken against Pennsylvania physicians increased by 50 percent in 2004 over 2003 according to the State Boards of Medicine and Osteopathic Medicine. However, secrecy is one of the biggest problems facing the medical community. The policy director for the Pittsburgh Regional Healthcare Initiative, has said that "Today most errors ... are hidden. If we need to be safe, we need to have much more openness." Philadelphia Magazine, 5/04; Tribune-Review, 5/14/04.

While these errors are occurring, and those in the know are keeping them quiet, patients are left in a difficult predicament. Persons bringing these malpractice claims have the burden of proving that there was a deviation from the applicable standard of care. Such proofs require the testimony of expert witnesses who are in the same or substantially similar field of practice in which the medical practitioner was engaged at the time of the incident. However, these experts face retribution for speaking up about poor care. The Association of American Physicians and Surgeons (AAPS) has even formed a five-member committee to come up with a plan to stop the misuse of peer review committees to target doctors who speak out about poor quality care being delivered. Pittsburgh Post-Gazette, 2/1/04, 10/26 -- 11/2/03.

Further complicating these matters is the media promotion of the so called "Medical Malpractice Crisis" which ostensibly stems from increases in Medical Malpractice Insurance Premiums. Whether or not such a "crisis" exists is beyond the scope of this webpage, however we have placed some links below for individuals who are interested in exploring that topic.

The bottom line is that Medical Malpractice cases are among the most difficult to handle of all personal injury claims, and they require significant investment of time and expense to pursue. We have the experience, skill, and resources to get your case to a successful conclusion. Call Now.