PATRICK J. CHRISTMAS LAW PRACTICE AREAS
OUR PRACTICE AREAS
Medical malpractice is simply a health care provider not doing what he is supposed to do or doing what he is not supposed to do. The term is used simply to indicate ordinary negligence, medical negligence by a health care provider that cause an injury.
The theory of negligence in these cases is no different than that of an automobile accident caused by someone who was not necessarily careful at that moment in time. Each state has a statute, case law, or jury instructions which define what the standard of care should be, how the proof of skill or reasonable treatment is to be presented, and whether it is to match local standards or national standards. Sometimes the standards between office and hospital based physicians vary.
The standard of medical care required is good medical care. The defense prefers to look at what the average health care provider does under different circumstances. Good medical care requires a proper response; not necessarily what the majority of people would do under such circumstances. The standard of care is constantly improving and what was appropriate, acceptable or commonly done yesterday may not be so tomorrow.
Our firm has extensive experience in the medical malpractice and personal injury law field for the last 30 years.”
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