Medical Malpractice

Typically, when a medical malpractice cases being brought forth, it deals with a theory of negligence. In typical negligence case, damages must be proven that shows causation for breach of care. It is the responsibility of a care provider to provide reasonable acts that will prevent a foreseeable injury to others. The standard is used for medical malpractice, but the medical professional is the one performing the procedure in question. This post is brought to you by our friends at

Many believe there should be a standard of care and all medical malpractice cases, which would mean that a doctor working in a hospital within a major city would be held to a different standard than one working as a small-town doctor. Others argue that every doctor should be trained to meet a national standard. This would mean small family doctors would not be given a pass just for working in a small town.

In larger cities, cases of negligence that lead to medical malpractice case will typically include concepts of medical battery. The backbone of these cases is typically an issue with informed consent. Any time a medical procedure is required, you must give an informed consent. During the informed consent, you are told the risks and benefits of a medical procedure and given the decision as to whether to move for it or not. Informed consent is generally the main defense used in cases of medical battery.

To better understand what battery means, it is touching another in a harmful or offensive way without permission. For instance, if you are walking in the park and are punched in the face by someone, that is a form of battery. You did not give your consent to be touched that way. On the other hand, if you were in a boxing match, they would have your consent to punch you in the face. In this instance, he would be unable to file a claim.

If you feel you have been a victim of medical malpractice, contact us today. Our lawyers will go to bat for you to help solve your medical malpractice suit.