Medical malpractice claims are based on common law negligence. General negligence means an at-fault party had a duty, breached that duty, and caused damages to another. Medical malpractice cases differ from normal personal injury cases involving an average person because healthcare providers must exercise the degree of care, skill, and learning expected of a reasonable, prudent healthcare provider in the profession or class to which he belongs within the state acting in the same or similar circumstances. To make this more complicated, the mere presence of a bad outcome does not necessarily mean the healthcare provider is liable for any damages. Instead, the damage or harm must have been caused by the health care provider’s act or omission in violation of their duty. Medical malpractice claims are difficult, as the attorney must be familiar with the medical standards, healthcare standards, and legal standards in the field. It is important you find a qualified and competent attorney who is familiar with the medical malpractice area to ensure the case is handled properly and options for monetary recovery are maximized. Members of Goodnow|McKay are experienced with these claims and are here to help. We are committed to helping our clients recover fair compensation. We are often able to negotiate reasonable settlements with the responsible insurance companies, but we are willing to fight for our clients through trial if necessary.