Medical Negligence

The National Institute of Medicine reports that between 44,000 and 98,000 hospital patients die preventable deaths every year.  Nursing home studies show even higher rates of preventable injuries and deaths in assisted living facilities.

Medical negligence occurs when a hospital, doctor, or assisted living facility fails to provide adequate care to a patient that meets the standards for that type of patient. As a general rule, medical negligence cases cannot be presented in court unless a doctor or other expert finds that negligence has occurred and caused injury. The medical professional must also be willing to testify such accusations in court.

When a patient is injured or dies as a result of medical negligence, there is a strictly limited period of time (called a “statute of limitations”) to investigate and bring a claim. Additionally, in medical negligence cases, a pre-suit notice of claim must be sent to the medical provider before a lawsuit is filed in court.  

Some examples of medical negligence and medical malpractice patients may have endured include:

•    Misdiagnosis
•    Failure to diagnose in a timely manner
•    Surgical error
•    Failure to follow up
•    Failure to treat
•    Anesthesia errors
•    Medication and prescription error
Medical negligence cases are often complex and require substantial investigation. Several experts, each in a different medical specialty, may be required for a single case.

If you believe you or a family member has been injured or killed as a result of medical negligence, you should consult an attorney who specializes in medical malpractice.  Careful investigation, screening, interviews and medical record reviews must be completed by expert physicians before a claim is filed in court.