Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

Health care providers are held responsible to provide competent patient services. The competency is measured by the standards in care for the applicable specialty of health care. The standards apply to the performance of medical procedures, development of disease diagnosis, and prescription of health remedies.

If a health care provider fails to exercise due care in the provision of such services, their conduct may fall below the applicable standard of care and may be held liable for any resulting injury suffered by a patient.

Consent forms do not always release a doctor from liability for improperly care provided to a patient.

Recoveries for pharmaceutical products that are dispensed by the healthcare provider or agent that lead to personal injury or death are obtainable.

You are able to seek a recovery for a birth defect if the doctor failed to proved adequate medical care or advise the mother during the pregnancy or delivery and birth injuries.