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Medical practitioners are obligated to provide competent care to their patients. If they fail to uphold that standard and someone is harmed due to their negligence, the injured patient may seek to hold the practitioner and the hospital accountable and seek reimbursement for their damages by pursuing a medical malpractice claim. However, because of the requirements and road blocks imposed by the medical community such cases are complex and difficult to navigate.  To shed more light on this issue, below is an introduction and description of how an attorney can help.

Proving Medical Malpractice

To have an effective claim of medical malpractice, you must prove three general points. First, there must be demonstrable evidence that the medical provider violated the standard of care for your area. Second, there should be significant quantifiable damages resulting from that negligence. Finally, the person who committed the malpractice must be a health care provider with whom you share a provider-patient relationship.

Types of Medical Malpractice

Any number of medically-related incidents or negligent behavior could be found to have violated the appropriate standard of care and constitute malpractice. Among them:

  • Failure to treat, in which a doctor correctly diagnoses a condition but does not treat it within the accepted standards of care
  • Misdiagnosis or delayed diagnosis
  • Birth injuries experienced by either the mother or child during labor and delivery
  • Prescribing a dangerous medication or making an error in administering a medication
  • Surgical blunders, such as operating on the wrong body part or leaving a surgical tool in the body

How an Attorney Can Help

lawyerA personal injury and civil litigation attorney will work to get you the reimbursement compensation you deserve. He will compile evidence, such as medical records that support your claim; retain the necessary experts; conduct his own investigation into what happened; file all paperwork, documentation, and legal motions; and negotiate with opposing counsel. If the case makes it to trial, a lawyer will represent you and guide you through trial. 

If you've been the victim of medical malpractice, let the Law Offices of Adrian L. Falgione, LLC, help you explore all legal solutions. For nearly three decades, attorney Falgione has been representing residents in The Midlands in a variety of wrongful death and personal injury litigation. His Lexington, SC, office is small, meaning your case will get personal, dedicated attention from the staff. Call (803) 957-6543 or visit him online to schedule a consultation.

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