The Glassman Law Firm, P.C.

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The Glassman Law Firm, P.C.

225 S. Meramec Avenue
Suite 320-T
Clayton, Missouri 63105

Phone: 314.446.6000
Fax: 314.446.6005

Frequently Asked Questions

Medical Malpractice FAQS

> What is medical malpractice?
> What kind of mistakes can result in medical malpractice?
> How does a case result in medical malpractice?
> What do I do if I think I have a medical malpractice claim?
> What is the definition of a medication error?
> How does a jury determine if a doctor's actions were within the standards of good medical practice?
> I signed a consent form before my doctor performed surgery. What did it mean?
> What if I'm just not satisfied with the results of my surgery? Do I have a malpractice case?
> My doctor made a mistake and admitted it. Do I have a malpractice case?

What is medical malpractice?

Medical malpractice occurs when a health care provider causes injury or death to a patient by failing to act within the applicable standard of care. In other words, when any physician, hospital, nursing home or other health care provider fails to act reasonably under the circumstances and that unreasonable conduct causes harm, malpractice has been committed.

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What kind of mistakes can result in medical malpractice?

The following mistakes may be the result of malpractice:

  • The health care provider did not get clear permission before operating on you.
  • The health care provider did not order or interpret tests or diagnose you properly.
  • The health care provider did not perform the operation properly.
  • The health care provider did not anticipate a problem which it should have.
  • The health care provider did not perform necessary exams or properly monitor you.

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How does a case result in medical malpractice?

In determining whether a medical practitioner made a mistake, the court will consider what reasonable, prudent medical practitioners could and should have done under similar conditions. Practitioners who do not meet that standard could be found negligent.

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What do I do if I think I have a medical malpractice claim?

Contact an experienced medical malpractice lawyer at The Glassman Law Firm, P.C. Tell us exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.

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What is the definition of a medication error?

A medication error is defined as "... any preventable event that may cause or lead to inappropriate medication use or patient harm, while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems including: prescribing; order communication; product labeling, packaging and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use".

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How does a jury determine if a doctor's actions were within the standards of good medical practice?

A jury will consider testimony by experts--usually other doctors, who will testify whether they believe your physician's actions followed standard medical practice or fell below the accepted standard of care. In deciding whether your heart surgeon was negligent, for example, a jury will rely on expert testimony to determine what a competent heart surgeon would have done under the same or similar circumstances.

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I signed a consent form before my doctor performed surgery. What did it mean?

It is common practice in hospitals for patients to sign a form giving the doctor their consent, or approval, to perform surgery. In the form, the patient usually consents to the specific surgery as well as to any other procedures that might become necessary. Before you sign it, your doctor should give you a full description of the surgery and the risks involved, and the ramifications of not getting such treatment. If you can prove that your physician misrepresented or failed to adequately inform and explain to you the risks and benefits before surgery, your consent may not be legally valid.

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What if I'm just not satisfied with the results of my surgery? Do I have a malpractice case?

In general, there are no guarantees of medical results. You would have to show an injury or damages that resulted from the doctor's deviation from the appropriate standard of care for your condition. Contact The Glassman Law Firm, P.C. to discuss your specific case.

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My doctor made a mistake and admitted it. Do I have a malpractice case?

An experienced medical malpractice attorney can help you to determine if your case has merit. Many mistakes are simply that, but if your doctor's mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be yes. Damages may be recoverable for you under medical malpractice laws. Contact The Glassman Law Firm, P.C. to discuss your specific case.

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Please see our page on Medical Malpractice for more information.

Please see our Medical Malpractice Resources / Links.

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Serving Missouri, St. Louis, Jefferson County, St. Charles County, St. Louis County, Franklin County, Cape Girardeau County, Butler County, St. Francois County, Warren County, Lincoln County - Madison County, Illinois, St. Clair County, IL

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