What circumstances give rise to a medical malpractice or medical negligence claim?

Among the different types of personal injury claims, medical malpractice claims are among the most complex, difficult and expensive to pursue.  While there may be some instances where an individual can represent themselves in simple automobile accident cases there is virtually no instance where an injured party can obtain fair compensation from medical negligence.  This is because of a variety of factors.  These include the necessity of obtaining expert testimony to support such a case, the sophistication of the individual or entity you are making such a claim against (you are after all suing a doctor for their medical treatment) and the effect such settlements or claims may have upon the doctor’s professional licensure. 
This simple question is not an easy one to answer.  The mere fact that you have had a bad result from medical care is not enough.  Routinely, doctors, hospitals and other medical personnel obtain consent forms for medical procedures that spell out problems that could occur.  While signing such a form does not absolutely take away your right to bring a malpractice action it does provide the healthcare provider some cover if things go wrong.

The basic rule of thumb is that healthcare providers are not permitted to deviate from the standard of care expected of them.  This standard of care is usually defined by other healthcare providers practicing in the same area.  One of the most important reasons to contact an experienced medical malpractice lawyers such as the lawyers at Clark & Steinhorn is to assist in analyzing what the standard of care is and in finding an appropriate expert or experts.