Medical malpractice comes in many forms. It can happen because of something a doctor did to you or didn't do to you. It can be because of something a doctor said or something they didn't say. That doesn't mean that everything a doctor does is potential for a malpractice lawsuit. Only if an action or lack of action meets specific criteria can you bring a medical malpractice lawsuit.
Medical malpractice occurs when you have a doctor-patient relationship, the doctor was negligent, the negligence caused an injury, and the injury caused damages. In medical malpractice cases, damages could be loss of income, additional medical bills, pain and suffering, or long-term or permanent injury.
Although there are many different situations that lead to malpractice claims, most of these scenarios fall into one of three main categories of medical malpractice. They include:
- Failure to diagnose. This occurs when the court determines that a doctor missed a diagnosis that a comparably trained doctor would have caught and treated.
- Improper treatment. Improper treatmentcould involve a correct diagnosis but an ineffective treatment being administered, or even the correct treatment being used in an ineffective way.
- Failure to warn of known risks. Doctors have a responsibility to inform patients of all the known risks involved in any procedure or treatment so the patient can make an informed decision using all the risks and benefits to make their decision.
At Bouchillon, Crossan & Colburn, L.C., our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. If you or a loved one has been injured and is seeking a qualified personal injury attorney, contact our Huntington, West Virginia office to speak with an attorney about your case, or call 304-523-8451.