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The Hippocratic Oath is an oath taken by physicians that pertains to the ethical practice of medicine. It is believed that Hippocrates, the father of medicine, wrote the oath in fourth century B.C.. The oath was written in Greek but translated into English; it basically states that the first and foremost aspect of the ethical practice of medicine is to do the patient no harm. Wikipedia defines medical malpractice as follows: “Professional negligence by act or omission by a health care provider in which care deviates from accepted standards of practice in the medical community and causes injury to the patient.” Simply put, medical malpractice (often referred to as medical negligence) is care that is below the standard of what some other doctor would have provided under the same circumstances. Medical errors can take many forms including: • Surgical errors
• Birth injuries
• Anesthesia errors
• Emergency room errors
• Nursing home abuse and neglect
• Prescription errors Proving Medical Malpractice There are four elements that must be present in order to prove negligence in a medical malpractice claim: • A duty was owed
• A duty was breached
• The breach caused injury
• Damages (without damages, there is no basis for a claim) The fourth element, damages, may include compensatory damages (economic and non-economic) and punitive damages, which are typically only awarded in cases of wanton and reckless conduct. Economic compensatory damages include financial losses such as lost wages, medical expenses, and “life care” expenses (rehabilitation, home-care nurses, wheelchairs, etc). Economic compensatory damages can be assessed for future losses, also. Non-economic damages are assess for the injury itself such as loss of vision, loss of a limb, reduced enjoyment of life, severe pain and severe emotional distress. If you or a family member has suffered or died due to a medical error, there is legal help available. An experienced medical malpractice attorney knows both the legal system and the medical system and can hire experts to analyze your case and then provide expert testimony later. Only an experienced medical malpractice attorney is able to interpret your medical records and apply the legal analysis necessary to know if you have a case or not. Many medical malpractice attorneys work on a contingency basis, which means they do not charge a fee unless they win a monetary award for you. If you live in the Dallas area or a surrounding area of Texas including Ellis County, please visit the website of medical malpractice attorneys Polewski & Associates today. We have represented medical malpractice victims for decades and have the knowledge and experience necessary to get you and your family the justice and compensation you deserve.
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