What is Medical Malpractice?
What is Medical Malpractice?
GRD Law
CASE RESULTS
$6 MILLION
At Gregg Durlofsky Law Offices, we have a winning record of recovery. Our team has recovered results for over 97% of our clients. While past performance does not guarantee future results, you can be confident knowing our law firm will do everything to get you the justice you deserve.

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What is Medical Malpractice?

Montgomery County’s Top Medical Malpractice Attorney 

Medical malpractice is a term that often surfaces in discussions about personal injury claims, but what does it truly entail? If you’re considering pursuing a personal injury claim for medical malpractice, understanding it can be pivotal in navigating your case successfully. Our team at Gregg Durlofsky Law Offices is here to explain what medical malpractice is and how you can pursue a claim. 

Defining Medical Malpractice

Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, resulting in injury or harm to a patient. This deviation can stem from errors in diagnosis, treatment, aftercare, or health management. It’s important to note that not all unfavorable outcomes in medical care constitute malpractice; the key factor is whether the healthcare provider’s actions were negligent and directly caused harm.

Elements of a Medical Malpractice Claim

To establish a medical malpractice claim, several elements must be proven:

  1. Duty of Care: The healthcare professional owed a duty of care to the patient. This duty is typically established through a doctor-patient relationship.
  2. Breach of Duty: The healthcare provider breached this duty by failing to adhere to the standard of care expected in their profession. This could involve misdiagnosis, surgical errors, improper treatment, or medication mistakes.
  3. Causation: There must be a direct link between the breach of duty and the harm caused. The patient’s injury or harm must be a direct result of the healthcare provider’s negligence.
  4. Damages: The patient must have suffered actual damages due to the breach. These damages can be physical, emotional, and financial, including medical bills, lost wages, and pain and suffering.

Common Examples of Medical Malpractice

Medical malpractice can take many forms, but some of the most common examples include:

  • Misdiagnosis or Delayed Diagnosis: When a doctor fails to diagnose a condition correctly or delays a diagnosis, it can lead to improper treatment, worsening the patient’s condition.
  • Surgical Errors: Mistakes during surgery, such as operating on the wrong site, leaving surgical instruments inside the patient, or causing unnecessary damage to organs, can have severe consequences.
  • Medication Errors: This includes prescribing the wrong medication, incorrect dosage, or failing to recognize adverse drug interactions.
  • Birth Injuries: Negligence during prenatal care or childbirth can lead to injuries to both the mother and the baby, such as cerebral palsy or other long-term disabilities.
  • Anesthesia Errors: Mistakes with anesthesia can result in brain damage, prolonged unconsciousness, or even death.

Steps to Take if You Suspect Medical Malpractice

If you believe you or a loved one has been a victim of medical malpractice, it’s essential to take immediate steps to protect your rights:

  1. Seek a Second Opinion: Consult another healthcare provider to assess the situation and get an unbiased perspective on the care received.
  2. Document Everything: Keep detailed records of all medical treatments, diagnoses, and communications with healthcare providers. This documentation will be crucial in building your case.
  3. Consult a Personal Injury Attorney: Medical malpractice cases are complex and require expert legal guidance. An experienced personal injury attorney can help you understand your rights, evaluate your case, and navigate the legal process.

Contact Our Medical Malpractice Attorney in Montgomery County Today

At Gregg Durlofsky Law Offices, we are committed to providing compassionate and skilled representation to those affected by medical malpractice. Contact us today for a free consultation to discuss your case and explore your legal options.

GRD Law
CASE RESULTS
$6 MILLION
At Gregg Durlofsky Law Offices, we have a winning record of recovery. Our team has recovered results for over 97% of our clients. While past performance does not guarantee future results, you can be confident knowing our law firm will do everything to get you the justice you deserve.

VIEW MORE RESULTS

why choose durlofsky law offices
We are driven by a passion of the courtroom and a commitment to making that passion and experience work for injury victims. Gregg Durlofsky's years of real-world experience in state and federal courts translates into your advantage over the defense.
We put clients first, not cases. That means we are driven to changing somebody's life for the better.
We are available 24/7 when you need us the most and are bi-lingual for our Spanish speaking clients.
We have a track record of success for over 20 years. Mr. Durlofsky's experience in the PA & NJ courts is invaluable when choosing where to try your case.
Gregg Durlofsky has experience as a defense attorney and brings that knowledge to your advantage when fighting for your case.
why choose durlofsky law offices
We are driven by a passion of the courtroom and a commitment to making that passion and experience work for injury victims. Gregg Durlofsky's years of real-world experience in state and federal courts translates into your advantage over the defense.
We put clients first, not cases. That means we are driven to changing somebody's life for the better.
We are available 24/7 when you need us the most and are bi-lingual for our Spanish speaking clients.
We have a track record of success for over 20 years. Mr. Durlofsky's experience in the PA & NJ courts is invaluable when choosing where to try your case.
Gregg Durlofsky has experience as a defense attorney and brings that knowledge to your advantage when fighting for your case.