The majority of people in the United States who seek medical treatment will receive good or excellent care. However, occasionally someone will experience harm at the hands of a health care professional. Health care professionals have a responsibility to their patients to follow a standard of care. When these standards are not met, it may be appropriate to bring a legal case to court to recover financial compensation.
Medical negligence is defined as an act or a failure to act by a medical professional that deviates from the accepted medical standard of care. Negligence itself is not illegal, but when the act of negligence is the cause for the patient’s injury, there may be a case for medical malpractice.
The term “medical negligence” is often used synonymously with the term “medical malpractice.” Interchanging these two terms is not necessarily incorrect. However, the term medical negligence is more appropriately placed under the umbrella of the term medical malpractice, as the negligent act is often just one component of a medical malpractice case.
It’s common to trust your health care provider to help you maintain your health or give you proper treatment to get better. When a doctor, nurse, surgeon, or pharmacist acts negligently, you can suffer serious injuries. But you have the option to stand up for yourself and file a medical malpractice claim.
These claims can be complicated and need professionals who have handled medical malpractice cases before. If you or a loved one has been injured because of a health care provider’s negligence, an Omaha medical malpractice lawyer from Welsh& Welsh can help you with your claim.
Our goal is to get justice for our clients. You deserve a favorable settlement that will cover your medical expenses, lost wages, and pain and suffering. You also hold the health care provider responsible for their actions. Your claim could make them adopt changes to ensure this never happens again, and potentially keep this from happening to someone else.
Chenille Condon from Fort Yates, North Dakota suffered from a stroke caused by a negligent surgeon at CHI St. Alexius Health in 2012. Dr. Allen Michael Booth, a cardiac and thoracic surgeon, was performing a lymph node biopsy on Condon when he mistakenly cut a main artery that sent blood to the brain. Condon now has a limp and difficulty using her left arm. Her brain injury will likely worsen over time.
In Condon’s case against the hospital, Judge Cynthia Feland ruled the state’s limiting damages for medical malpractice cases as unconstitutional, and didn’t allow the hospital’s motion to reduce a jury’s verdict of $3.5 million owed to Condon.
Medical malpractice occurs when a patient is harmed because a doctor or other health care professional failed to competently perform their medical duties. Medical malpractice cases are often very complicated. To prove that medical malpractice occurred, you must be able to prove several things to the court in the state in which the incident occurred. For Nebraska residents, your case will need to be according to Nebraska laws.
In Nebraska, the first thing you will need to prove during a medical malpractice case is that a doctor-patient relationship existed. This means you agreed to hire the doctor and the doctor agreed to be hired. Casual advice from a doctor you know personally or consulting a physician who does not treat you directly cannot be held responsible for your injury.