Malpractice is negligence committed by a health care provider such as a doctor, chiropractor, nurse, dentist, technician, hospital, or hospital worker. If the performance of their duties departs from the applicable standard of practice of those with similar training and experience, and results in harm to a patient, the health care provider may be civilly liable for the resulting injuries or death. A health care worker, such as a doctor, has a duty to use the degree of skill and diligence in the care and treatment of his or her patient that a reasonably prudent doctor in the same field of practice or specialty in this would have used under the circumstances of this case. If the health care provider fails to perform this duty, then he or she may be deemed negligent. The fact that a  course of treatment or efforts on behalf of his patient were unsuccessful does not, by itself, establish negligence. For information regarding a Virginia Physicians you can search the Virginia Board of Medicine Practitioner Information web site.

Legal claims involving health care related claims can involve complex legal, medical and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a health care claim.

• What was the purpose of using the health care provider?

• Do you have all your medical records relating to the incident?

• Was the health care provider properly licensed?

• Did the health care provider represent themselves to be a specialist?

• Was the health care provider the primary care physician?

• Did you select the health care provider?

• Why did you see the health care provider?

• Why do you believe that malpractice was committed?

• When and where do you believe that malpractice was committed?

• Has any other health care provider indicated to you that malpractice was committed?

• Was there an investigation into the causes of medical injuries or deaths?

• If a wrongful death occurred, was there an autopsy?

• Did the health care provider or staff make any admissions of wrongdoing?

• Did the health care provider fail to obtain a proper medical history?

• Did the health care provider fail to diagnose a condition?

• Did the health care provider fail to render treatment properly?

• Did the health care provider fail to properly perform surgery?

• Did the  fail to monitor the patient during or after surgery?

• Did the health care provider participate in  surgery on the wrong part of the body?

• Did the health care provider fail to properly use, order, or interpret necessary tests?

• Did the incident involve other specialists?

• Do you have any experts necessary to give opinions about a breach of the standard of care?

• What injuries and damages did the patient suffer?

• Does the expenditure of time and necessary expense justify the possible outcomes?

• Are you prepared to pay for litigation cost and to hire necessary expert witnesses?

• Are you prepared to file suit and to go to court?

It is important that a health care provider claim be evaluated by an experienced legal team. Complex legal and medical issues may be involved. If you, a friend, or loved one are injured by health care provider, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, or their representatives. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to health care claims. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.