Medical malpractice can result from a number of situations that may not immediately come to mind. The Stratton Faxon Law Firm based in New Haven, Connecticut, is well-versed in every aspect of what health care providers too often fail to do.
It’s a broad term that is bandied about even by non-lawyers used to describe any treatment, lack of treatment, or other departure from accepted medical standards that result in injury or death to a patient. A medical malpractice claim may be made against anyone who provides medical or health care to a patient, including physicians, registered or other nurses, hospitals, dentists, nursing homes, and pharmacists. “It can actually be applied to other types of medical specialists too,” asserts Joel Faxon of the Stratton Faxon Law Firm based in New Haven, Connecticut.
The types of claims engendered in medical malpractice court filings are also myriad and diverse, often involving errors of reckless actions shown during a patient’s medical procedure or surgery. But it doesn’t necessarily end there. “Medical malpractice can also be failure to diagnose a disease or condition, or failing to prescribe proper medication, neglecting to inform a patient of available treatments, or perhaps continuing a treatment course that has proven ineffective,” says Michael Stratton of the Stratton Faxon Law Firm.
There is also a four element threshold that can substantiate grounds for medical malpractice. “A few givens have to exist in a civil society,” Stratton adds, “Health care providers owe a duty to the patient subsequent to instigating care. If the duty is breached, and the patient suffers an injury or the patient suffers damages to his/her person or economically, medical malpractice may have occurred.”
But if a breach is established and resulted in no harm to the patient, a claimant has no right to recovery. “In fact, even poor results can’t always be blamed on medical malpractice,” argues Faxon.
That said, if one develops a “gut feeling” or a sense of being a victim of medical malpractice, Stratton Faxon should be contacted immediately. “We can’t guarantee what will happen. Claims for medical malpractice require a considerable amount of time to conduct an appropriate medical and legal investigation and statutes do apply. But if you suspect you or a loved one were the victim of medical malpractice, we’d like to hear from you,” Stratton concludes.