We are all expected to act reasonably and carefully. In legal terminology, the failure to act reasonably and carefully is called “negligence.” When a physician fails to act reasonably and carefully, he or she is said to have committed “professional negligence.” Medical negligence occurs when a physician fails to act in accordance with the accepted standard of care.

Generally, medical malpractice cases require testimony from a qualified medical expert attesting to the defendant’s failure to act in accordance with the recognized “standard of care.” Courts require such testimony because the practice of medicine implicates scientific and technical knowledge that is beyond that which is generally possessed by most people. Occasionally, a physician’s care is so obviously negligent that expert testimony is not required. For instance, a physician who amputates the right leg when he had meant to amputate the left can be found to have committed medical malpractice even in the absence of testimony from another physician. However, in most cases, testimony from an expert is essential. Even in cases in which an expert is not required, it is almost always advisable to retain the services of one.

Medical malpractice cases occur in a wide variety of contexts. They include the misdiagnosis of disease, the failure to properly treat diagnosed diseases, the failure to timely diagnose conditions such as cancer or infections, surgical errors, the failure to properly manage pregnancy and birth, medication errors, the misinterpretation of studies such as x-rays or mammograms, and the failure to recognize and/or treat infections, among others.

Just as the practice of medicine requires expert knowledge beyond that which is generally possessed by average people, the prosecution of medical malpractice cases requires expertise beyond that which is generally possessed by the average lawyer. A lawyer who undertakes the representation of a patient harmed by medical negligence must have an understanding of the medicine as well as an understanding of the law.

Slade McLaughlin and Paul Lauricella have decades of experience representing patients who have been harmed by medical negligence. If you suspect that you have sustained injuries that may have been caused by physician neglect or carelessness, feel free to contact us so that we can have your records reviewed and can counsel you with respect to your options.