Cooney Law Office

Medical Malpractice

Medical malpractice occurs when a physician or provider of care fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. Common types of medical malpractice cases include the failure by a health care provider to follow standard of care procedures, properly diagnose a medical condition, and/or to prevent a birth injury. When a lawsuit alleges negligent injury causing death, it is a wrongful death case.

To succeed in a medical malpractice claim, the plaintiff, who is either the injured party or the injured person’s legal representative in a wrongful death case, must prove by a preponderance of the evidence that the health care provider:

a) Owed a duty of care to plaintiff. (Such duty attaches when plaintiff enlisted care, services, or treatment)

b) breached the duty owed to plaintiff by failing to provide care, services, or treatment defined by the standard of care practiced by similar providers in the community

c) and that this failure caused injury or damages to the plaintiff

Successful plaintiffs may recover “compensatory” damages that provide monetary compensation for the pain and suffering, both physical and psychological, caused by the injury, and for financial losses, including medical bills, past and future wage loss, or future loss of earning capacity.