Medical malpractice refers to any work of neglect or careless act which arises to a breach of the standard of care by a medical professional. This may extend to any areas that involve use of nurses, surgeons, dentists and other medical practitioners. The difficult thing about malpractice is that it is often a hard thing to prove and malpractice cases tend to take a long time to wind through the legal system. You may not be aware that medical malpractice has become a far-reaching crisis today. It is a problem not only in the U.S. but in all other parts of the world. What is even more alarming is that many individuals experience harm that is long lasting and may require prolonged and expensive treatment over a lifetime.
Every year people die because of improper treatment due to incorrect diagnosis by the doctor, according to major peer reviewed studies. The distinction between the right diagnosis and the wrong one can truly be life and death! Sadly, many times an incorrect diagnosis is never recognized or reported. As a general proposition, medical negligence occurs when a medical professional fails to execute their duties in a manner that meets the standards of conduct for their profession. The vast majority of medical errors result from imperfect systems and inadequately designed processes versus poor practices or incompetent practitioners.
Another example of medical negligence is when a physician recommends the wrong medication. Medical practitioners are expected to acquire the knowledge required to correctly prescribe the proper medication to a patient under their care. Seeking the advice of a qualified medical malpractice lawyer is the best way to determine if the law allows for compensation for the medical expenses, lost earnings, pain and distress and other consequences from a doctor’s error.
We have to accept the fact that nobody in the medical profession wants this to happen, but due to the importance of protecting a doctor’s reputation, or the hospital’s reputation, it is a rare medical provider that will actually admit fault, even when the liability for medical malpractice is blatant. The existence of the civil lawsuit is an important deterrent to repeated negligence or carelessness of any medical provider.
About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.
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Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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