How Do I Know If My Injury Constitutes Medical Malpractice?
Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are expected to have the basic knowledge and skills normally possessed and used by the average medical professional in their area of practice. This basic knowledge and skill is called a standard of practice, or standard of care. When a medical professional treats a patient and fails to use this basic knowledge and skill, whether the failure consists of doing something incorrectly, or failing to do something that should be done, that failure is a deviation from the standard of practice or care.
The injured party must first prove that the health care provider fell below the standard of care for similar health care providers in Arizona. That means the health care provider failed to act as a reasonable and prudent health care provider in Arizona would under similar circumstances. The injured patient must then prove that the health care provider`s breach of the standard of care was a cause of significant injury to the patient. Expert testimony is generally required to establish a breach of the standard of care, unless the alleged negligence is grossly apparent.
It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
Other Arkansas Medical Malpractice FAQs
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Anesthesia Negligence
Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. Medical malpractice is essentially the failure of a health care … more -
Asthma/Respiratory Illness
Asthma may occur in one life anywhere childhood to adulthood. Improper treatment of asthma could include the failure of the physician to place the patient on an … more -
Birth Defects Or Injuries
Most births and deliveries are handled appropriately by medical care professionals. However, medical negligence can occur during pregnancy. Sometimes physicians may … more -
Misdiagnosis
Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use … more -
Nuclear Medicine (Cat Scans And Mris)
CAT (computer axial tomography) Scans and MRI's (magnetic resonance imaging) save thousands of lives each year by detecting problems in their earliest stages and in … more -
Nursing Home Injuries And Negligence
Injuries suffered by residents of nursing homes may be recoverable under applicable state laws for medical malpractice. When health care providers fail to provide … more -
Ob-Gyn
OB or obstetrics malpractice may include failure of the obstetrician to properly perform his or her duties including failure to perform the proper laboratory tests, … more -
Obtaining Informed Consent
Medical procedures including surgery, some types of injections including injections for chronic pain control, require that you sign a consent form. In some instances … more -
Pharmacist Malpractice
Medical malpractice is the failure of a Health care provider, including pharmacists and pharmacy technicians, to treat his or her patient with a reasonable degree of … more -
Psychiatric Or Psychological Malpractice
These types of malpractice include failure to diagnose a specific problem resulting in harm to the patient or others. The committing of suicide, death or injury of … more
Medical Malpractice
