Medical malpractice is the willful negligence of a healthcare employee, professional, or provider where the substandard, harmful, or fatal treatment was delivered to a patient.  Not every mistake made by your health care provider constitutes medical malpractice.  While we are all human beings who occasionally make mistakes, patients require alert, competent, and aware healthcare providers.



Medical malpractice law awards compensation to patients from healthcare providers whose action or inaction causes harm to the patient.  Medical malpractice is common; over 160,000 people fall victim every year in the United States alone.  The most typical medical malpractice case comes in the form of a misdiagnosis.  Indeed, misdiagnosing people is the most harmful cause of medical malpractice, often with the largest payouts.  If you feel you are one of many victims of medical malpractice, Lovenberg and Associates are here to help.


Determining Malpractice


By definition, the action or inaction of a medical professional must have caused you harm for you to have a case.  You are responsible for proving you were harmed or injured as a result of their direct action or negligence.  “Direct action” means the medical professional performed an action, such as giving you the incorrect medication or an incorrect dosage.  “Inaction” means your harm resulted in preventable harm.  For example, a nurse ignored your plea for help and instead rationalized your complaint in their head as something else.


While medical professionals are held to a higher standard than most, medical malpractice laws do not require perfection.  Many people think they have medical malpractice cases when they do not.  For example, if a patient’s conditions gets worse, it does not automatically grant a malpractice case.  Often, the conditions of patients get worse even though the doctor did everything in his or her power to keep it from happening.  Or worse, the condition might be untreatable or terminal.  To have a case, you must prove negligence.


Determining Who Is Responsible


Most malpractice cases originate in a hospital setting.  If you have a valid claim, your next step is to identify who is responsible.  Nurses are often hospital employees.  Hospitals are liable for the actions of their employees.  On the other hand, most doctors are often given staff privileges but are not hospital employees.  Instead, they are considered independent contractors.  To determine if a physician is a hospital employee, ask if the hospital sets the working hours and vacation time for the doctor.


If a nurse was working under the direct supervision of the physician, or if the doctor could have prevented negligence by the employee, then the doctor often gets sued instead of the hospital.


Why You Need a Lawyer


Medical malpractice cases can be tricky.  Often, hospitals will attempt to cover up negligence by showing and documenting best-known practices to remedy a situation once it has been discovered.  Medical Malpractice Attorney Doug Lovenberg has been trained to spot these cover-ups when, in reality, the harm should have been prevented in the first place.


To get your voice heard, call Lovenberg and Associates today at (617) 973‑9950 or contact us online today for a free consultation.