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When a Doctor Fails to Meet the Appropriate Standard of Care

by David Zevan on Aug. 22, 2014

Accident & Injury Medical Malpractice Accident & Injury Accident & Injury  Wrongful Death 

Summary: Medical institutions and medical professionals have a duty to provide appropriate medical treatment to patients. Failure to provide treatment that meets this appropriate standard of care may amount to medical malpractice.

Among the common medical malpractice cases are misinterpreting medical records, surgery issues, recommending wrong diagnostic tests, giving wrong prescriptions, and failure to monitor the heart rate of a patient.

Who is Responsible?

Doctors and nurses are liable whenever medical malpractice issues result in the injury or death of a patient. These medical malpractice issues, which normally happen in hospitals, are largely due to the negligence of medical personnel. Due to this, the hospital and doctor are generally considered as the defendants of a medical malpractice lawsuit.

It is essential to note that, unlike many nurses, doctors are often considered as independent contractors even if they work in a hospital. This means that the hospital has another level of protection that the patient has to deal with. For this reason, it is recommended that patients who feel they may have a medical malpractice case consult with a medical malpractice lawyer. The intricacy and expensive nature of medical malpractice lawsuits make it difficult for patients to pursue them on their own. The familiarity of doctors with medical terminologies gives them an edge as they try to dispute your claims. Our law firm can assist your case greatly by providing testimony from medical experts.

Emergency Rooms

Medical malpractice also happens in emergency rooms, which are usually full of haphazard activity. Emergency rooms often lack suitable number of medical personnel, and ones that are available are typically overburdened. As a result, the waiting time of patients, before they receive medical care, is long.

In addition to this, many doctors and nurses assigned to an emergency room are unable to give suitable medical care due to the sheer volume of patients in this area of the hospital. This may result in a failure to provide appropriate diagnosis or treatment to the patient.  In these situations, the medical condition of a patient can take a turn for the worse, which can result in permanent disability or, in extreme cases, the death of the patient.


It is also difficult for patients to provide evidence of medical malpractice during surgeries. This is due to the fact that the medical personnel inside the operating room are the only witnesses in the case. In addition to this, the notes dictated by the surgeon following the procedure are the only written records of what happened during the surgery.

There are also instances when patients experience issues even after a successful surgery. This may happen inside the recovery room where an anesthesiologist conducts an incorrect assessment of the condition of the patient, and as a result, the patient may suffer severe injuries, such as brain damage or, in worse cases, death, due to the negligent actions.

Speak with a Medical Malpractice Lawyer

A medical malpractice lawsuit may be filed by the family of the patient who suffered severe injuries or death due to medical malpractice or negligence by the doctor or hospital.

If you or a loved one have been injured due to the negligent actions of a medical professional, contact a medical malpractice lawyer at our St. Louis law firm today. We can review your case for free and help you determine what the best course of action will be moving forward. At Zevan and Davidson we understand the pain medical errors can cause and feel you and your family deserve answers.

Call us today at (314) 588-7200 to schedule a free consultation.

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