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A Betrayal of Doctor / Patient Trust

Medical malpractice exists when a doctor’s care or treatment of a patient is substantially below the accepted standard of care for a doctor practicing in the same field or specialty of medicine. It must be shown that the doctor departed from this recognized standard in his treatment of the patient. A general practitioner or specialist could thus be subject to liability in an action of negligence if he fails to exercise the degree of care and skill which is utilized by the average practitioner in the class in which he belongs, acting in the same or similar circumstances.

A physician must use reasonable care and diligence along with his best judgment in the application of his skill in each particular case. A physician is only required to exercise reasonable or ordinary care and he is not an insurer of the results of his treatment or care. He cannot be held liable under law for honest errors of judgment made while pursuing methods, courses, procedures and practices recognized as acceptable by their profession. Typically, claims for malpractice must be filed in a court of law within One (1) year from the date service is provided, however, there are other issues, mechanisms and consideraitons which allow for this time period to be extended.

If you have been injured while under the care of a hospital or physician.  Give us a call.  You have the right to be compensated for someone else’s mistakes.