I’m Gary Burger of Burger Law. I have Joel Beckwith and John Burns with me today. I thought we’d talk a little bit about medical malpractice. So, we represent people who are injured because doctors or medical care providers violate the rules of the road for doctors or medical providers, the standard of care, or they commit negligence, different ways to say the same thing.
Doctors, and nurses, and hospitals are in the business of taking care of patients, and there are established rules and guidelines for doing so. When doctors violate those rules, and that injures someone, then they have a medical malpractice case.
Did you know that hospital errors are the third leading cause of death in the United States? Doctor errors happen, and we all like doctors, and that’s one of the reasons why medical malpractice cases are very difficult is no one wants to admit fallibility in their doctors, but doctors, and nurses, and nursing homes, and hospitals do make mistakes and do injure people, and there’s a variety of those types of claims.
So, to try to see whether or not you have a claim, the first thing you want to do is try to figure out what did the doctor do wrong. Did the doctor violate a clearly established protocol or rule that caused you damage? And if they did, there’s no medical malpractice claim.
We’re very careful about the cases we take. We only take cases where there was a clear violation of the standard of care, and that clearly caused damages. The causation part of it is the second and sometimes the most important part of the case. If I break my arm and I go to an ER, today and they, don’t diagnose it, but if I go to an ER tomorrow and they do diagnose it and treat it, I have no medical malpractice case because the one-day delay in treatment did not cause me any damage. The same is true with failure to diagnose cancer cases. If cancer isn’t diagnosed on day one but is diagnosed on day seven, then that six-day delay very likely did not decrease the chance of survival of the cancer patient, so there are those issues too.