Law Offices of David P. Cline | Wilmington, DE

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Medical Malpractice

Medical Malpractice is a doctor’s failure to exercise the degree of care and skill that a doctor of the same medical specialty would use under similar circumstances. At the Law Offices of David P. Cline, we have extensive experience handling claims of medical malpractice. However, regardless of the state where a claim might be brought, medical malpractice is one of the most complex and costly claims that arise in the personal injury area. Any attorney whom you might select to handle your medical malpractice claim should have extensive experience handling these different types of incidents. The laws regarding medical malpractice and the burden of proof to establish a medical malpractice claim vary in the many states in which we practice.

While the law may vary from state to state, generally in order to recover for medical negligence, the injured person must establish the following elements:

1.- The existence of a doctor’s duty to the injured person, usually based upon the existence of the physician-patient relationship;
2.- The applicable standard of care and a breach of that standard of care, usually based upon expert medical testimony;
3.- A compensable injury; and
4.- A causal connection between the breach of the standard of care and the harm.

While the situation may vary slightly from state to state, malpractice claims are usually founded on one of four separate theories of liability. Those liabilities arise in the following circumstances:

1.- Against a medical professional who deviates from an accepted standard of practice for specialists in that field of medicine. The accepted standard of practice might be based on standards of practice in the community in which the medical professional practices or the standard of practice might be based on a national standard. The burden of proof of what standard might apply varies from state to state so contact us.
2.- Against a hospital or health facility where the injury occurred. Liability against a hospital might be premised on improper doses of medication, negligent nursing care, inadequate sanitation, infection, equipment failure or under a theory of respondeat superior.
3.- Against a private or government agency that operates hospitals or provides specified medical care. In some of these situations there are specific notice requirements that must be met in order to perfect your medical malpractice claim.

We carefully screen all medical related cases. Medical negligence is extremely difficult to prove, and requires qualified experts to testify that the care given failed to meet the appropriate standards, and that this failure caused injuries. Doctors and nurses are just like the rest of us - they sometimes make mistakes.

If you or a family member find yourself the victim of a medical mistake that has caused serious injury or death, we can help. We understand the pain and confusion that can result from a medical mistake. We, together with our network of top medical experts, can answer your questions. We can offer guidance during this traumatic time. Together with our litigation partners, we have spent years helping victims of medical malpractice recover just and fair compensation for their injuries. While we are licensed to practice law in Delaware, Maryland, New Jersey, New York and Pennsylvania our network of experienced malpractice attorneys is able to handle cases in all states of the Continental United States. If you have a question about a medical mistake, which has caused a serious injury, please contact our office. We will respond and provide you answers to your questions. As previously stated, medical malpractice cases can be complex and expensive. If we accept your case, it means we are willing to invest our own money, sometimes tens of thousands of dollars, to get you the compensation you deserve.

Some common examples that may involve medical negligence include:

• Birth Injury or Birth Trauma due to Obstetrical Physician treatment.
• Nursing or Hospital Negligence.
• Failure of Hospital Staff to Properly Interpret Doctors' Orders on Patient Charts Resulting in Incorrect Administration of Medications or Treatments.
• Failure to Diagnose or Properly Diagnose an Illness.
• Improper use of Anesthesia.
• Surgical procedures that are done improperly or without Patient Consent.
• Incorrect Treatment of a Diagnosed Illness
• Improper Administration of Drugs.
• Failure to Order Proper Tests.
• Failure to Monitor a Patient.

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If you have questions or would like to discuss your legal issue, please contact us today. Please fill out the form below. We look forward to serving you.