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Law Office of Javier Martinez, Jr., P.C

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According to the Journal of Patient Safety, hospital errors are now the third leading cause of death in the U.S., right behind heart disease and cancer. Approximately 440,000 lives are lost as a result of medical malpractice. Errors in the hospital setting cannot be taken lightly when negligence is involved. That’s why medical malpractice lawsuits have become so prevalent in the last couple of years.  

As a personal injury lawyer, Javier Martinez, Jr. is committed to protecting victims of medical malpractice, especially when those victims lose their lives as a result. That’s when it’s necessary to file a wrongful death suit.

Defining Medical Malpractice

Medical malpractice happens when a doctor, hospital staff, or any health care professional acts negligent or omitted information from the patient. Negligence often includes errors in diagnosis, treatment or aftercare.

Under the law, a medical malpractice case will include the following:

Injury caused by negligence- A patient must be able to prove that the injuries sustained were a cause of negligence. Whether it was the absence of care or improper treatment, in order to be considered medical malpractice, evidence of negligence must be proven.      

Violation of standard care- If a medical relationship was established with a medical provider, one should expect to receive standard care from the medical professional. The law recognizes that there are medical standards the health professional must provide. When the provider fails to deliver that care, it may be considered a violation of standard care.  

Significant damages- Damages from medical malpractice can significantly vary. In most cases, victims experience physical pain, mental anguish, or inability to work.

Common Medical Malpractice Cases  

While there are numerous unique and rare cases of malpractice, there tends to be a pattern among lawsuits. The following are the most common malpractice cases:

  • Misdiagnosis- The most common misdiagnoses include heart attack and cancer. A failure or error in diagnosing these life-altering condition often results in catastrophic injuries or damaging consequences.
  • Surgical errors- Surgical errors include operating on the wrong patient, leaving tools inside the patient, or failing to sterilize equipment.
  • Prescription drug errorsPrescribing the wrong medication can harm a patient in many ways. Whether it affects them mentally or hinders their ability to recover, there are serious consequences for prescribing the wrong drugs.
  • Birth injuriesWhen medical malpractice takes place during labor, it can result in spinal cord injuries, cerebral palsy, nerve damage, or other physical injuries.

What to Do if Medical Malpractice Leads to Wrongful Death

Wrongful death is undoubtedly one of the most traumatizing and horrific experiences a family can go through. It can feel like a nightmare that never ends. Losing a loved one because of a medical error is incomprehensible and yet it happens to so many Americans. But when it’s you and your family, that pain is hard, impossible really, to define.

Seeking justice for the loss of your loved one may be the last thing on your mind but it’s the only way to ensure the doctor or medical team is held responsible. If you’re the surviving spouse, filing a wrongful death case will also protect you in the event that your late spouse was the financial provider in your family.  

Seek Legal Help Today — Contact the Law Office of Javier Martinez, Jr., P.C.

Medical malpractice is difficult for any individual or family to handle. Working with an experienced medical malpractice lawyer, however, can provide you and your family with the legal help needed to secure compensation for the injuries sustained and provide justice for what you’ve experienced.

At the Law Office of Javier Martinez, Jr., P.C. we focus on providing victims with the help they need to secure their livelihood, especially when it hinders one’s ability to earn a living or continue living a normal life. Our law firm is here to represent victims in El Paso, TX as well as Albuquerque, Hobbs, and Santa Fe, New Mexico. We know these cases require extra attention and that’s why our entire team will be dedicated to you and your needs.


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