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Understanding Medical Malpractice: Your Rights and Legal Recourse

Medical malpractice, a form of negligence, pertains to healthcare professionals and institutions like hospitals. In essence, negligence refers to a failure to meet the expected standard of skill and care provided by others in the same profession. When such negligence results in injuries, you have the right to pursue legal action.

At Noakes Law, we have helped numerous individuals comprehend their legal rights following botched surgeries or missed diagnoses. If you find yourself in such a situation, don’t hesitate to reach out to us for assistance.

The Correct Standard of Care

Healthcare professionals undergo years of rigorous training to properly treat patients in both academic and clinical settings. Society expects them to meet a certain standard of care, acknowledging that perfection is not required but a baseline of competency is essential. When a doctor falls below this level, they can cause harm, leading to severe illness or even death.

In our medical malpractice cases, we always consider, “What would a skilled and competent medical professional have done in a similar situation?” For instance, if you present with chest pains in the emergency room, we would expect a careful doctor to order appropriate tests to rule out a heart attack. Failing to do so would signify a breach of the correct standard of care.

Identifying Negligence in All Phases of Care

Negligence can occur at various stages of medical care, including:

  • Faulty diagnosis
  • Delayed diagnosis
  • Incorrect treatment
  • Failure to obtain informed consent
  • Surgical errors
  • Anesthesia errors
  • Medication errors
  • Infections
  • Premature discharge from the hospital
  • Pressure ulcers

Dispelling Medical Malpractice Myths

There are common misconceptions about medical malpractice that we address:

Myth #1: If you don’t get better, your doctor was negligent. Not necessarily. Medicine cannot cure all illnesses, and your doctor might have prescribed the right treatment even if your condition persists.

Myth #2: If you feel pain after surgery, your doctor was negligent. Pain can be an unavoidable consequence of some medical procedures, and the key is to determine if excess pain results from a doctor’s mistake.

Myth #3: If you agree to treatment, you can’t sue for malpractice. Consent to a procedure doesn’t exempt medical professionals from providing appropriate skill and care during treatment.

Was Your Medical Treatment Deficient?

Understanding what your doctor should have done may not always be obvious. That’s why Noakes Law relies on a network of expert witnesses who can analyze your medical records and identify any mistakes made. These experts know how competent and careful doctors would act in similar situations.

We Are Here to Help

For assistance and guidance, contact Noakes Law today to schedule a meeting with our experienced legal team. We will address all your questions and concerns regarding medical malpractice and ensure your rights are protected throughout the process.

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