Medical Malpractice

Medical malpractice is more than just bad medicine. In some cases, medical malpractice may occur when a physician or health care worker fails to perceive the risk of disease, thereby not making a timely diagnosis.
In other cases, medical malpractice occurs when physicians or health care workers fail to act upon a risk that a reasonable person in his/her position would act upon by initiating treatment. Medical malpractice also occurs when physicians and health care workers, in effect, make mistakes in diagnosis or treatment that cause subsequent harm to a patient.

In all cases of medical malpractice, the common thread is that the medical care received is below the accepted standard of care for the condition — resulting in significant avoidable injury, worsening of the condition, unnecessary suffering or wrongful death.

Examples of some of the different types of cases are:

  • Misdiagnosis of Cancer (Breast, Lung, Prostate, Colon)
  • Failure to Diagnose Pulmonary Embolism (Often in the Emergency Room)
  • Cerebral Palsy (See below)
  • Erb’s Palsy
  • Failure to diagnose an infection

If your child has a birth injury such as Cerebral palsy, Erb’s palsy or brain damage, then find out why it happened. Does your child have cerebral palsy from PVL? Many people believe that the injury is just a birth defect. Often this birth defect was caused because the child was deprived of oxygen at some point during the pregnancy.

Many medical malpractice cases center on negligence. In these cases, a health care professional is careless with a patient, or conducts an act which deviates from the standard procedure that a reasonable patient would expect in a particular set of circumstances.

Vivian H. Phan Law Firm acts quickly and effectively to analyze a situation to determine if medical malpractice has occurred and whether a meritorious case exists. In addition to our counsel, our firm has the benefit of working with experts in determining whether malpractice has occurred and, if so, proving the case at trial.

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