Essentially, medical malpractice, or medical negligence, is the failure of a physician, or other health care provider, to properly treat a patients medical condition, thereby causing additional injury to the patient. Medical malpractice may present itself in a variety of situations such as, mistaken or delayed diagnoses, surgical error or incorrect course of medical treatment. A physician has a duty to conduct him or herself as any other reasonable physician would. A physician has the obligation to tend and treat a patient, to consult with other physicians if appropriate, to maintain adequate records, and to advise a patient of any risks involved in a particular form of treatment. This concept is sometimes referred to as the standard of care.
Medical malpractice occurs when the physician breaches or violates the standard of care.
In Pennsylvania, the testimony of an expert witness is necessary in establishing whether or not a physician was negligent in the treatment and care of a patient. The expert witness is generally a physician having similar skill and background as that of the physician whose treatment is being questioned. The expert witness will review your medical background and treatment history, and will often perform his or her own medical examination. Based upon this information, the expert witness will provide your attorney with an opinion as to whether or not medical malpractice has occurred. You should consult with an attorney who is experienced in medical malpractice claims as soon as possible.