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What is “Medical Malpractice”?


What is medical malpractice?

Medical malpractice is an umbrella term that may apply to an array of neglect inflicted on a patient by healthcare professionals. It occurs when a physician or other medical professional fails to adhere to the appropriate standard of care and as a result of that failure, causes an injury to someone else.


What are some common examples of medical malpractice?

Some of the more common examples occur when an ailment goes misdiagnosed or undiagnosed; when there is an unnecessary delay in treatment by a physician; when medicine is incorrectly prescribed; when an error occurs during surgery.


What is the difference between Medical Malpractice and Medical Negligence?

What is the difference between “medical negligence” and a provable medical malpractice case? Stuart Carpey explains the answer.


What does it mean that I must give “informed consent”?

Doctors and medical providers are required to make sure patients are informed of all facts regarding medical decisions, including the known risks of a medical procedure. An informed patient has the right to refuse a doctor’s care at any time, and a doctor who does not provide vital medical information is vulnerable to a lawsuit for violating the informed consent rule.


If I signed a consent form before surgery, have I waived my rights to a medical malpractice case?

Does signing a consent form before surgery mean that you’ve waived your rights to proceed with a medical malpractice case? Stuart Carpey explains.



If I signed a consent form before my medical procedure and was harmed in some way during or as a result of that procedure, can I still be compensated?

Yes, it is still possible to earn compensation if you signed a consent form. If the medical professional acted negligently or otherwise acted outside of the standard of care, that person may be found liable.


What is wrong-site surgery?

Wrong-site surgery is a very serious and potentially life-threatening form of medical malpractice. Wrong-site surgery is when a surgeon does one or more of the following:

  • Performs surgery on the wrong body part
  • Performs surgery on the wrong side of the body
  • Performs the wrong surgical procedure
  • Performs surgery on the wrong patient

Wrong-site surgery should never occur. Before performing a procedure, all medical professionals involved are supposed to verify the procedure being performed, the name of the patient receiving the procedure, and the part of the body on which the procedure will be performed. This should then be re-verified immediately before surgery.


Can a mammogram contribute to a misdiagnosis of cancer?

Mammograms are oft-used tool for breast cancer detection. It is commonly advised that women of a certain age make regular mammogram appointments. This is suggested even for women who are not showing signs of having breast cancer and especially for women who have a history of breast cancer in their families.

And while mammograms are undeniably important to a woman’s continued health, there are reports (such as the one described in this Harvard School of Public Health press release) suggesting that routine mammograms may actually be contributing to over-diagnosis of breast cancer.

Having regular mammography screenings is still very important to catching breast cancer early — but be aware that a diagnosis of breast cancer may be incorrect and calls for a second opinion.


I was treated by a physician, and my symptoms have gotten worse, not better. I think I may have a claim against my doctor. What should I do?

First, the best thing to do is to see another doctor to remedy the situation as quickly as possible. Under these circumstances, you may want to consult an experienced medical malpractice attorney. By putting it off any longer, you may be jeopardizing your health, as well as your chances of recovering damages caused by the doctor’s negligence.


Does a bad medical result from surgery mean that I have a medical malpractice case?

If your surgery returns unexpected or unsatisfactory results, does that mean you have a medical malpractice case? Stuart Carpey explains what you need to know.

Learn more about what medical malpractice is, who is responsible, and how you can best avoid it in this medical malpractice infographic.
What is Medical Malpractice Infographic- Medical Malpractice Attorney in Pa- Carpey Law

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