What About Medical Malpractice?

As Provo personal injury lawyers, Howard, Lewis & Petersen, have helped many clients seek compensation for medical mistakes. When a patient is harmed by a doctor or other medical professional who fails to perform his or her medical duties, it can result in a lawsuit and a patient who deserves recompense.


To prove a medical malpractice claim, you must be able to show all of these things:

A doctor-patient relationship existed.  This means that you hired the doctor and the doctor agreed to be hired.

The doctor was negligent. Just because you were unhappy with the treatment or results, does not mean that a negligent or incompetent act was committed. If another, reasonably skillful and careful doctor would have done the same thing, it is not usually medical malpractice.

The doctor’s negligence caused the injury. Because people usually go to medical professionals when they are already sick or injured, it is vital to a medical malpractice case that the doctor created a new illness or injury from negligent or incompetent care.

The injury led to specific damages, like physical pain, mental anguish, additional medical bills, and loss of earnings.


Common Types of Medical Malpractice Claims

Failure to diagnose. If a competent doctor would have discovered the problem and made a better diagnosis, then there could be a malpractice case.

Improper treatment. If the treatment is administered correctly but it isn’t a treatment that any other competent doctor would administer, there could be malpractice. Also, if the treatment is the appropriate choice, but is not administered correctly—malpractice is also a possibility.

Failure to warn a patient of known risks. The doctor may be liable for medical malpractice if the patient was injured be the procedure in a way that the doctor should have warned could happen.


If you or someone you know has been the victim of suspected medical malpractice, click here or call the Provo injury accident attorneys at Howard, Lewis & Petersen today at (801) 373-6345 for a consultation.

Posted March 27th, 2014