Medical Malpractice: Do I Have A Case?

Frequently, I am asked from the public as to whether what was done to them by a doctor gives rise to a case of medical malpractice.  This is one example of a question asked of my firm which is similar to many others. I thought publishing it here on the LCJ website would be helpful to readers: 

Q: I had went in for a laparoscopic surgery and ended up having to be opened all the way up. I ended up contracting a severe infection that put me in the hospital for six additional days. I now have a very disfiguring scar on my abdomen where they had to open me back up to drain the infection. This happened in October and I still have a lot of pain and discomfort from where I was opened back up. Would I have a case for hospital negligence since I contracted an infection in a surgically sterile room?

A: Yes, you seem to have a case sounding in medical malpractice and you should contact a medical malpractice attorney as soon as possible. 

The definition of medical malpractice is an act or omission by a health care provider that deviates from the accepted standards of practice in the medical community in your area. This act or omission then causes injury to the patient. Medical malpractice is basically professional negligence by a health care professional that leads to an injury or complications on the part of the patient. 

In a medical malpractice suit there is the plaintiff and the defendant. The plaintiff is the patient or the family of the patient while the defendant is the health care provider. For a case to meet the medical malpractice definition the plaintiff must be able to prove their case. Some of the things that the plaintiff will need to prove include: 

* A duty was owed by the hospital or health care provider. 
* The duty was not acted upon. In short, the provider failed to provide the standard of care. 
* The breach of duty caused an injury to the patient 
* Losses. The plaintiff must be able to prove that there were damages, otherwise a medical malpractice suit is not applicable even if the provider was negligent. 

You should consult with an attorney in your area who has previously handled these types of cases. If you do not have an attorney you can call my law firm (516.358.6900). An attorney will look at the medical records and go over them with a medical expert to determine whether there were any departures from what is normally accepted practice in your area for this type of procedure. 

Using the search functions on  www.avvo.com for a malpractice attorney is a good approach to finding an attorney.  You can examine my own professional profile on that site by clicking here.  However, if you feel more comfortable, you can contact me directly at jaffelaw1@aol.com or at my telephone number which is also shown on my Avvo profile (516.358.6900). 

I encourage you to act quickly, so that you can relate your recollection of what had occurred does not fade. I would also want you to be sure that time deadlines for filing such a case are met.   -Richard S. Jaffe, Esq.