Medical Malpractice

"Get the Settlement You Deserve"

"Medical Malpractice" is the failure of medical professionals to provide sufficient treatment to patients, resulting in injury, and oftentimes, related additional medical expenses, pain, physical limitations, and loss of income.  To put it another way, medical malpractice occurs when a healthcare professional fails to exercise the same degree of care and skill of a physician or surgeon of the same medical field under similar circumstances.  Thus, these cases are also referred to as "medical negligence" cases.

According to the Journal of the American Medical Association, over 225,000 people die each year from unnecessary surgery, medication errors, errors in hospitals, infections in hospitals, and adverse effects of medication. 73% of settled malpractice claims involved medical error and 97% of closed medical malpractice claims involved physical injury. 

Medical malpractice litigation can be very long and difficult process.  Liability for medical malpractice is determined by comparing the actions of the doctor to the "reasonable standard of care."  The reasonable standard of care is based on other professionals in similar positions and under similar circumstances.  However, unforeseen complications and untoward results by themselves are not proof of medical negligence.  Even if there was a deviation from the standard of care, unless that deviation caused complications, there is no claim for medical negligence.

Proper evaluation of a medical malpractice case requires detailed gathering of the facts and medical records, study of the medical literature, and consultation with a doctor as to whether the standard of care was met, and if not, if injury was a result.  Every medical malpractice case needs an expert who will testify that the defendant doctor committed malpractice.  Without an expert, the court will not allow the case to go to trial.  Given that approximately 80% of medical malpractice cases go to trial, it is important to have a medical expert involved from the beginning.  Thus, medical malpractice cases are necessarily an expensive and time consuming process, involving expert testimony and detailed investigation.  It is not unusual for these types of cases to cost tens of thousands of dollars to prosecute, and to take several years to resolve.   

As medical malpractice lawyers, we understand the importance of timeliness and accuracy when working on your case.  We understand that health care providers are not given a license to commit medical malpractice because a consent form was filled out and signed by the patient injured in the claim. Medical malpractice law is a highly technical and specialized field.

If you or a loved one is in need of legal assistance concerning medical malpractice, call Dwyer, Williams, Potter Attorneys, LLP toll free at (800) 285-8678, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis.  That means we get paid for our services only if there is a monetary recovery.  In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. If this date passes, your claim will be lost forever.  Please feel free to contact us right away to ensure that you do not lose your right to compensation.