Frequently Asked Questions About Malpractice

What is medical malpractice?

This is a type of claim that is filed when a healthcare provider (doctor, surgeon, nurse, etc.) causes an injury or death to a patient. These injuries can stem from surgical mistakes, misdiagnosis, incorrect medication, or a combination of factors.

What’s a reasonable standard of care?

This refers to the level of care and skill healthcare professionals are expected to provide. This often refers to a mistake that most other healthcare providers would not have made.

What kind of mistake is considered medical malpractice?

There are a number of mistakes that can be made during a surgery, diagnosis or other aspect of your healthcare. Some of the most common medical mistakes include:

• Your operation was done without consent
• Your condition was misdiagnosed
• Your operation was performed incorrectly
• Other problems that should have been anticipated by your healthcare team

How do I know if I have a case?

All surgeries and medicines come with risks. Just because a patient didn’t get the results they expected, doesn’t mean a doctor was negligent. Under today’s applicable laws, your team of lawyers must prove there was a reasonable standard of care was not administered. Basically, your team has to prove that most other healthcare professionals would not have made the same mistake, and that a negligent decision was the cause of your injury.

I signed a consent form before my surgery. Do I still have a case? 

Before a patient signs a consent form, your healthcare team is required to explain the procedure in-depth, including any and all risks associated with the surgery, and any consequences of not having the surgery. Whether you signed a consent form or not, your legal team could prove that your physician misrepresented failed to inform you of the risks before the surgery. In these cases, your consent form may not be valid.

If you believe you or a family member has a victim of medical malpractice, call a medical malpractice attorney at The Barnes Firm now, or contact us.

The Barnes Firm 1-(800) 800-0000