Attorneys Experienced in Medical Malpractice

ATTORNEYS EXPERIENCED IN MEDICAL MALPRACTICE

Mr. Vaughn has extensive experience as a lawyer in medical malpractice cases.  For many years, he has pursued plaintiff’s cases, and he has been hired to defend doctors in defense cases.  Having developed experience on both sides, Mr. Vaughn is uniquely equipped to evaluate any potential medical malpractice claims.

GET AN EVALUATION OF YOUR CASE

At any time, you are welcome to contact our office for a full evaluation of any potential medical malpractice issue.  We will be glad to review your case, examine the medical records, and advise you as to which options you wish to pursue.  Ultimately, that choice is yours, and we will respect whatever decision you may choose.  Please feel free to contact us on any malpractice matter.

REQUIREMENTS OF A MEDICAL MALPRACTICE CASE

Medical malpractice claims have stringent legal requirements. Both the lawyer and the injured patient must be aware of these elements. 

The attorney in a malpractice case must prove violation of standard of care.

First, there must be proof that the doctor fell below the standard of care for physicians in his area of practice. In other words, the doctor must have done something that other similar practitioners would not have done, or failed to do something that other practioners should have or would have done.  Such failures might include a failure to decide upon an appropriate treatment, advising a treatment that is contrary to appropriate care, or causes other complications, a failure to order appropriate testing, misdiagnosis of the condition, or failure to diagnose the medical condition.  Such medical failures can also include incompetently performed services, such as poorly handled surgeries, surgical proceedings in which foreign items are left in the body (such as sponges or surgical towels), or therapies/manipulations which are harmful.

There is an extensive amount of literature which identifies appropriate standard of care for physicians. Further, many doctors are willing to testify as experts, concerning whether another doctor met or fell below the standard of care.  This is a critical issue, without which a claim for malpractice cannot survive.

The attorney in a malpractice case must prove causation of harm.

A second critical issue of a medical malpractice claim is causation.  In order to prevail in a malpractice claim, the doctors' or nurses' failures must be the cause of the problem at hand.  For example, if a physician fails to diagnose cancer in time for the cancer to be removed, the resulting effects of that cancer would constitute a direct result of the doctor’s failure, assuming it could have been removed, and that person cured.  However, if the claim against the doctor is that he/she rendered inadequate pain medication over a period of time, the malpractice would constitute a cause of pain, but not a cause of the cancer or resulting outcome.  Many times, our office is contacted with circumstances of malpractice which were not the cause of the serious medical condition.  In such circumstances, complaints can be raised to the medical boards, without need for attorney involvement, or attorney’s fees. As another example, which has happened, if a doctor prescribed the wrong medication which was potentially dangerous, but the medication was never taken, there is no resulting harm to the patient. However, such an issue can be brought to the medical board, to allow an evaluation of the competence of the doctor.  Such issues require a case by case evaluation, and we are available to review your matter at any time, to determine whether it merits consideration as a legal claim.

The attorney in a malpractice case must prove damages.

A final element which must be proven in a medical malpractice case is the extent of harm done, known legally as damages. In this regard, no two cases are alike.  Each of us as individuals has a unique life, and unique circumstances. In each case, the extent of loss affects not only the patient, but the family as well. Often, the harm done affects the client’s ability to work, ability to function, and may ruin their life permanently.  Unfortunately, there are also cases where the malpractice leads to loss of life. Where such tragedies appear, they have a deep, permanent affect on loved ones.

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Obtain a full evaluation of your medical malpractice issue

If you have a legal question, feel free to call us at (303) 586-5905, or email jvaughn@vaughn-law.com.