FAQ - Medical Malpractice & Negligence

What is medical malpractice?
Medical malpractice is legally defined as the failure of a medical professional (doctor, surgeon, nurse, specialist, hospital staff, etc.) to provide a patient with the standard of care that another medical professional would provide in the same situation.  Medical malpractice occurs when a medical professional acts negligently or recklessly when diagnosing and treating his/her patient. 

What is meant by the phrase "standard of care"?
In the medical community, standard of care refers to the treatment that medical experts agree is appropriate, widely used and also acceptable.  When treating patients, medical professionals are responsible for meeting the expected standard of care or expected best practices.  If they fail to do this, they may be accused of medical malpractice. 

How do I know if I have a case?
Sometimes, people are quick to assume that they have a medical malpractice case if they do not receive expected results.  However, in order to have a legitimate medical malpractice case, you must be able to prove that your medical provider was negligent or did meet the expected standard of care.  You must also prove that because your medical provider was negligent, you sustained an injury or developed additional symptoms.

What sort of damages am I entitled to?
If you decide to file a medical malpractice lawsuit and you are successful, you may receive compensation for your medical expenses, lost income and pain and suffering.

Why do I need a lawyer?
Whenever people are thinking about moving forward with a medical malpractice lawsuit, they should remember that many lawsuits of this nature are unsuccessful.  The reason for this is that medical professionals, hospitals and insurance companies have large law firms protecting them, which can make it difficult to obtain a settlement or award.  The only way people stand a chance of successfully challenging these lawyers is if they hire a skilled medical malpractice lawyer, like Attorney Mark Bush.