Layton Medical Malpractice Lawyer
Every day people put their lives in the hands of doctors and medical professionals. Unfortunately, the trust the patients give doctors does not always lead to positive results. Medical mistakes and errors cause 10% of deaths in the United States, some of which are cases of medical malpractice.
If a negligent or incompetent medical professional has injured you during his or her treatment efforts, you may be eligible to file a medical malpractice claim. Contact a Layton medical malpractice Feller & Wendt, LLC for more information.
What Constitutes Medical Malpractice?
Medical malpractice happens when a doctor, medical professional, or hospital makes a mistake that injures a patient. It involves three things: a violation of the standard of care, an injury caused by the violation, and the fact that the injury was significant.
According to federal law, doctors must adhere to a standard of care. They must make reasonable and educated decisions for someone in their position. The law requires doctors to meet basic standard of care practices. If they don’t meet the standard, they may have committed medical malpractice.
The second aspect of medical malpractice is that the violation of the standard of care caused an injury. If a doctor does not meet the standard of care but does not injure you, you are not a victim of medical malpractice. Additionally, if a doctor meets the standard of care but you suffered damage, you are again not a victim of medical malpractice. For instance, if a doctor failed to diagnose a rare disease that most other doctors would also have missed, he or she wouldn’t necessarily be responsible for the aftermath of the disease and its consequences. The unreasonable action or decision must have directly caused the damage.
You also must show your injury is significant. Your injury must be severe enough for it to be worth pursuing a malpractice case. For instance, if your doctor failed to find a tumor but the tumor was benign, it may have been a mistake other doctors would likely not have made. However, it’s unlikely it could cause you harm. The mistake must have resulted in disability, loss of income, mental and emotional anguish, or significant medical bills for the courts to consider it malpractice. For more information regarding what constitutes medical malpractice, speak with a Layton personal injury attorney experienced in medical negligence and malpractice cases.
Common Types of Medical Malpractice
Though there are a wide variety of ways medical professionals can commit medical malpractice, there are some instances that happen more frequently than others. One of the most common types of medical malpractice our Layton medical malpractice lawyers see is misdiagnosis. If a doctor misdiagnoses a patient or fails to diagnose him or her, he or she could miss opportunities for effective treatment. Missing opportunities for treatment could be extremely damaging and even fatal in some situations.
Medical malpractice can occur with childbirth injuries. If a doctor delivers the baby incorrectly or uses improper pre- or post-natal treatment, it could have serious and life-changing damage to the baby or the mother. Childbirth injuries can cause damage such as cerebral palsy, seizure disorders, fractured bones, and full or partial paralysis.
Medication errors are another common type of malpractice our Layton medical malpractice attorneys have seen. A doctor could prescribe a patient the wrong dose or the wrong medication. Medication errors can occur in understaffed hospitals when medical professionals mix up medications and give them to the wrong patients. In these cases, it is sometimes the hospital that is negligent – if there had been more doctors and staff, it’s likely such an event wouldn’t have happened.
Another form of medical malpractice is an anesthesia error. Anesthesia is the only thing keeping a patient sedated during surgery. If the anesthesia is administered improperly, and the patient wakes up during surgery, it would cause serious mental, emotional, and physical trauma. Doctors could also fail to properly examine a patient’s medical history and administer anesthesia when there could be a possibility of complications.
Medical malpractice can also occur during surgery. Though mistakes can happen during surgery, some mistakes that doctors make are unreasonable for someone in their profession. Surgery on the wrong body part or devices left in the patient are examples of surgical malpractice.
Free Consultation with a Layton Medical Malpractice Attorney
If you or a loved one was injured by a doctor, physician, or other medical professional during a routine visit or procedure in Utah, don’t hesitate to contact the legal team at Feller & Wendt, LLC. Our lawyers are experienced in medical malpractice and negligence claims and will work endlessly to ensure you receive fair compensation for your injuries. Contact the attorneys at Feller & Wendt, LLC if you think you have experienced medical malpractice in Utah.
“Feller & Wendt is a progressive law firm dedicated to aggressively upholding and applying the law on behalf of our clientele. The firm provides an unmatched level of legal services and representation.”