Medical Malpractice

Medical malpractice injuries can be caused by misdiagnosis, late diagnosis, medication error, substandard care during a procedure or operation, and hospital negligence.  When patients seek medical care, they literally put their lives in the hands of highly trained and experienced professionals.  When that care is substandard, people can be seriously injured or killed.  Turbitt, O'Herron & Leach, P.L.L.C.'s lawyers will evaluate a case to see if the level of care from a hospital or healthcare provider did not meet the recognized standard of care and caused serious injuries.  Medical malpractice cases do not only help the injured party recover medical bills, lost income, and other damages—they also often lead to safer medical treatment, preventing similar injuries to others.

Proving a medical malpractice case

Although a person may be injured at the hands of a healthcare provider, that does not necessarily mean the healthcare provider breached the applicable standard of care.  To recover in a medical malpractice action, an injured party must show the following:

  • The standard of care the healthcare provider was required to meet at the time of the injury;
  • That the healthcare provider breached that standard of care; and
  • That there was injury caused by that breach of the standard of care

We will review your medical records and, if necessary, consult with experts to provide an opinion on whether your injuries were caused by medical malpractice.

Consent forms

Patients are often required to sign a consent form before a medical procedure will be performed.  The consent form is designed to inform the patient of the risks associated with the procedure.  However, that does not mean that the patient has signed away any rights that he or she may have if a healthcare provider deviates from the applicable standard of care.  An attorney that has experience working with medical malpractice cases can also review the consent form and help you determine whether the doctor properly explained the risks of your treatment.

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