Areas of Practice - Medical Malpractice

When you or a family member are ill, injured, or need medical assistance, you are dependent on your doctors, nurses, therapists, hospitals, and the medical community to help you.

The vast majority of these medical providers live up to your trust. Sadly, some do not, and then you are left to live with the consequences of what they did to you or how they failed to protect you. When these individuals leave you injured you need to have a experienced medical malpractice lawyer working tirelessly to get you the compensation you deserve, and that is where Barber, Banaszynski & Hiatt can help.

According to recent studies, as many as 98,000 Americans or more, die each year from preventable medical errors made by hospitals, doctors and other medical professionals (Institute of Medicine; To Err is Human; Building a Safer Health System, 2000). Far more Americans die each year from medical errors than from car accidents (43,458), breast cancer (42,297), or AIDS (16,516).

The law recognizes that a medical professional can make an error. However, a medical mistake becomes medical malpractice whenever the care of a patient falls below accepted community standards and causes a patient’s injury or death.

Common Causes of Medical Malpractice

  • failure to provide a necessary test;
  • failure to inform the patient of the need for a test;
  • failure to perform an appropriate evaluation or examination;
  • failure to provide necessary treatment;
  • delaying the necessary treatment;
  • providing the wrong treatment;
  • improper follow-up;
  • a misdiagnoses;
  • a delay in diagnosis;
  • performing unnecessary surgery;
  • surgical mistakes;
  • leaving surgical instruments in the body;
  • infections after surgery;
  • nursing negligence;
  • inadequate staffing, training, or supervision of staff;
  • persons performing functions beyond or outside of their training;
  • improper drug prescriptions;
  • failure to refer to a specialist;
  • failure to properly monitor a pregnancy, labor or delivery;
  • failure to inform you of benefits and risks;
  • intentional neglect.

Medical malpractice claims can be made against doctors, nurses, midwives, therapists, chiropractors, technicians, HMOs, hospitals, clinics, and other medical businesses.

However, be aware that there are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. It is in your best interest to speak to an attorney as soon as possible.


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