Medical Malpractice and the Law
News of medical malpractice is usually a big deal whenever it breaks. Cases of medical malpractices range from minor injuries to serious ones that may involve permanent injuries leading to death.
Question is, what exactly is medical malpractice? Simply put, It is a mistake that is mostly associated with the negligence of the doctor or nurse in charge and as a result, leads to some form of injury to the patient. Medical facilities have their ways of addressing medical malpractice while Patients too (the victims in most cases) have varied options in settling such cases. Top of the list is seeking legal representation from professional personal injury attorneys. For instance, any Nashville medical malpractice case can easily be settled by engaging any of the top medical malpractice lawyers.
Speaking of medical malpractice, the most common is that which occurs during surgery. A perfect example of this would be what happened to Dana Carvey. While undergoing an operation to unblock one of the arteries to his heart, the doctors ended up cutting open the wrong artery and as a result, he was forced to undergo a second operation. What followed was a highly publicized medical malpractice case that ended in with him having been awarded $7.5 million in damages.
Apart from the example above, other surgical mistakes which have been noted to be able to easily lead to infection or paralysis include:
- Accidental cutting open of an organ.
- The leaving of any foreign object inside the body of a patient after an operation.
It is however very important to note that surgical mistakes form only one category of medical malpractice, other equally significant cases that qualify under medical malpractice include:
a. Misdiagnosis
This is the inaccurate determination of a patient’s condition. Keep in mind, failure to discover or treat the actual disease can easily result in death. Also, any misdiagnosis can lead to the prescription of the wrong medication or even recommendation of a surgery all of which pose a serious threat to the health of the patient.
b. Anesthesia Mistakes
Anesthesiologists are professionals meant to administer special medication meant to prompt the relaxation and sleep of a patient during a medical procedure. They are usually there to help ensure that no sensitive medication is given to the patient before surgery. It is, therefore, the responsibility of the anesthesiologist to go through the patients’ medical history and establish that the anesthesia about to be administered wouldn’t cause any health complications. In the event that the administered medicine does result in complications, then the anesthesiologist is held liable.
c. Prescriptions
A doctor is usually required to find out about any other medication the patient in question might be taking before prescribing any additional ones. Doing so is important since it can sometimes be dangerous to mix certain medicine. Keep in mind, certain medication might pose a serious health threat to patients with certain diseases. for instance, medicine meant to treat heart conditions would pose a serious threat to someone with Parkinson’s disease.
d. Childbirth
Any form of a mistake by a medical practitioner during childbirth too qualifies for legal action. This is because it can easily result in permanent disability such as brain damage amongst other things.
What next after sustaining an injury as a result of medical malpractice
Upon the realization that either you or your loved one has been injured as a result of medical malpractice, the first thing you should do is to engage an attorney. Doing so will help you prove the act of medical negligence on the part of the medical professionals or the medical facility through thorough and close examination of all relevant medical records. As far as how long it is likely to take before you settle a medical malpractice case, well that largely depends on the complexity of the case.
In addition to all of the above, it is worth noting that the sole reason for filing any medical malpractice suit is to ensure that moving forward the same team of medical professionals are not as negligent with other patients the way they might have been with you.
Claims Made vs. Occurrence Malpractice Insurance Explained
Every year across the United States, professionals across all industries pay out a total of around $55 billion a year in malpractice lawsuits. These claims are made when an individual suffers physical, emotional, or monetary damages due to proven malpractice from a business.
This is why having proper malpractice insurance coverage in place is absolutely vital.
There are two main types of malpractice insurance: claims made and occurrence insurance. It is essential that you know the difference between claims made vs occurrence malpractice insurance.
In the event that someone files a malpractice suit against you, having this coverage may well stop your business or practice from going under. Here is what you need to know.
Claims Made vs Occurrence Malpractice Insurance: Who Needs It?
Before getting into the key differences between occurrence vs claims made, it is worth explaining who actually requires it.
Medical practices are the chief customers, as they are most likely to be sued for malpractice if a patient receives physical or emotional damages due to malpractice.
However, general liability insurance of this kind is needed for any industry that physically deals with people.
One of these is security. If you own a security company, then use a well-known provider such as El Dorado Security Guard Insurance to ensure that you are properly covered in the event of a malpractice claim. This will ensure you do not have to bear the full costs of a seven-figure lawsuit.
Claims Made Insurance Explained
Medical malpractice insurance can be ‘claims made’. Essentially, this means that you are insured for a claim made during the period of the policy being in force. The incident in which the claim was made also needs to have occurred during the policy period.
This means that your coverage starts when the policy begins, and you are covered for anything that occurs during that period related to malpractice. When assessing occurrence vs claims made malpractice, this type of insurance is much cheaper.
This is because you are paying for continuous coverage, rather than paying to cover yourself as a result of an incident that has already occurred.
Occurrence Malpractice Insurance Explained
However, when weighing up the difference between claims made vs occurrence malpractice, sometimes occurrence is the right option. This is the type of insurance you will want if you are not covered and a real or potential malpractice incident occurs.
Occurrence insurance covers you for any incident that occurs during the policy year, regardless of when the claim is actually reported to the carrier. This means that if the incident occurred before you activated the policy, you are covered.
This type of insurance is more expensive than claims made insurance. This is because it is often sought out after a potential malpractice incident has already happened, meaning that a claim may be imminent.
However, it is still a lot cheaper than paying the costs of the lawsuit yourself.
Learn More
Knowing about claims made vs occurrence malpractice insurance is the first step toward being prepared for a lawsuit. Make sure to get in touch with our experienced legal team today if you believe a malpractice lawsuit is headed your way.
What Are the Main Causes of Cerebral Palsy?
Cerebral Palsy is a lifelong disorder caused by either damage or an injury to a baby’s brain. This can occur before, during and even after the birth as an infant’s brain is still developing once born. Unfortunately, it isn’t always possible to ascertain how or why a child develops CP. The most serious issue is when Cerebral Palsy is possibly the result is some kind of negligence that occurred during the birth. If you believe this to be the case then you should hire a Cerebral Palsy lawyer who specializes in this type of negligence case.
Most Common Causes
Much research is being carried out in this area, and the results have shown that many of the researchers now believe that Cerebral Palsy is the result of a combination of factors rather than just one cause. CP is a very complex disorder and it’s rare that a sufferer will only have issues in one area, such as walking. Cerebral Palsy could be several conditions rising from several different causes.
The most common risk factors involved with a child developing Cerebral Palsy are:
- Being born prematurely
- Having a low birth weight
- The mother suffering from rubella or another viral infection during pregnancy
- The baby suffering from lack of nutrients and/or oxygen whilst in the uterus
- The child having a blood group that’s incompatible with his or her mother
- Bacterial infections affecting the pregnant mother, or the fetus, or both
- Injuries to the baby’s developing brain
- A stroke
- Severe jaundice after birth that goes untreated
For many years it was widely believed that the only cause of Cerebral Palsy was oxygen deprivation during the birth. While this is still a common cause there are now many more to consider.
How Do You Know if Your Child has Cerebral Palsy?
Unfortunately, there is no single test that is used to diagnose CP. It cannot be detected during pregnancy and the diagnosis will be based on several things rather than just one. Due to the form it takes, it may be several months, or even years, before you notice there is something seriously amiss. It’s usually a child not meeting expected developmental milestones which raises the red flag. First time parents may not pick up on this as quickly as those which have other children. It’s true that babies can vary drastically in development but the milestones take this into consideration. The following are key factors to look out for:
- The baby being unable to hold up their head by the expected time
- The inability to sit up or roll by the time they reach the milestone stage
- The child having difficulties when eating or swallowing
- Favoring one side of their body over the other
- Toddlers who have Cerebral Palsy might not reach the walking milestone by the time they are 18 months old, or speaking simple sentences when they are 3 years old.
If you are worried about any area of your child’s development raise your issues with their doctor as soon as possible. Monitoring a child can lead to an earlier diagnosis which in terms allows you to get a care plan in place sooner. This will make life a lot easier for everyone and greatly ease the transition from baby to child for your little one.
10 Key Questions to Ask a Malpractice Attorney
Each year, more than 250,000 people in the United States die as a result of medical errors. That means that after heart disease and cancer, medical errors cause the largest number of deaths in the country.
So what do you do once you discover that you or a member of your family has been the victim of an avoidable medical error? One of the best solutions is to hire a medical malpractice attorney right away. Often, getting proper legal representation is the only way to safeguard your rights and get the compensation you deserve after experiencing medical malpractice.
Hiring the right attorney for your case is essential. So how do you go about the process? Well, you could interview several medical malpractice lawyers to get an idea of their qualifications.
In this article, we give you a list of ten key questions to ask your prospective malpractice lawyer. Read on to learn more.
1. Have You Handled Cases Similar to This One?
This is arguably the most critical question to ask. The last thing you want is to trust a novice with your medical malpractice lawsuit. An attorney with ample experience dealing with malpractice cases will often save you time and money.
If your attorney says they’ve handled similar cases in the past, ask follow up questions to confirm that what they’re saying is true. For instance, ask when the cases were tried and their results. This helps you know whether the attorney understands the subject matter.
2. Have You Practiced In the Same Courthouse My Case Will Be?
While getting an experienced attorney is a huge step, it is a big plus when that lawyer has previously dealt with the prosecutors and judges who are likely to preside over your case. That courtroom experience is essential for the attorney to evaluate the most probable outcomes in your lawsuit. This way, they can provide you with the appropriate advice.
3. As a Malpractice Attorney, What Results Have You Achieved In Previous Cases?
Besides an attorney’s experience and background, it’s important to find out how they’ve performed in previous cases. How did their most recent case turn out? Have they ever won any significant awards for their clients?
Generally, you want to work with an attorney with a proven track record of winning in the courtroom.
4. Have You Previously Been Sanctioned For Attorney Misconduct?
As a client, it’s within your rights to know whether your prospective medical malpractice attorney has ever faced accusations of professional misconduct. Such information may be available on the site of the licensing authority of your state. However, you can still ask your potential lawyer.
If the attorney has faced in the past such accusations, ask them to explain the circumstances that led to the allegations. What were the outcomes of the allegations?
5. Is There Any Conflict Of Interest?
In all states, malpractice lawyers have an obligation to reveal any existing conflicts of interest. However, you still need to ask them the question.
Does the lawyer regularly represent the hospital you are about to sue? Are they familiar with such details as the hospital’s audits and so on? If so, then there’s likely a conflict of interest.
If your potential attorney has already accepted to be a co-defendant in the same lawsuit, there’s also conflict.
6. Do You Have Enough Resources to Successfully Prosecute This Case?
Many medical malpractice cases require significant resources to win. You need to know whether the attorney you’re considering has access to all the necessary resources to give you the best chance.
Besides the lawyer, how many people will actively be involved in your case? Does the attorney’s firm have access to expert witnesses and medical investigators? If the lawyer can’t guarantee these things, you may want to look elsewhere.
7. How Do You Manage Cases?
As you’re going to find out, medical malpractice lawsuits can be lengthy. Before yours gets settled, it may take a significant amount of time. That said, it is still important that you know what to expect throughout the trial.
Ask your attorney whether they plan to handle your case themselves or intend to refer the suit to another law agency. This is also the time to find out whether you can expect to interact with other staff, paralegals, or lawyers from the same firm.
8. What Are the Legal Fees?
Understandably, you want the best legal representation for your case. But you also want to be sure that you can afford the cost of that representation. That’s why it’s important to ask from the outset what your prospective lawyer will charge.
Enquire from your attorney how they’ll charge you for their service. In case your lawsuit is successful, how will you share the compensation? Most medical malpractice attorneys in the country charge a 40 to 45 percent contingent fee.
9. Is It Advisable To Talk To the Insurance Company of the Liable Party?
Sometimes, the negligent party’s insurance provider will ask for a recorded statement from you. Before agreeing to anything, you should talk to your attorney. You could also ask your attorney to handle any discussions with the insurance provider on your behalf.
Always let your attorney advise you on how to handle any situation.
10. What Outcomes are Likeliest in This Case?
Your attorney is by no means a fortune teller. That means that no lawyer can ever guarantee what the result of your case will be. That said, any seasoned medical malpractice attorney should have the ability to provide a comprehensive preliminary evaluation of how your lawsuit will most likely play out.
Find the Right Malpractice Attorney for Your Case
After an incident of medical malpractice, finding the ideal attorney for you is an essential step in getting justice done. A medical malpractice attorney can play a significant role in protecting your rights or those of your loved one.
Of course, not all malpractice lawyers are equal. Getting the right means you must ask the appropriate questions, so you get the perfect match for you.
Would you like to read more great content like this one? Please keep visiting our website!
Office Based Surgery Guidelines
The services of healthcare industry are continuously advancing, which leads to changes in medical standards. The newer surgical techniques have developed with the new and possible economic advantages in the medical environment. There are some office based surgery guidelines that all providers have to follow in order to comply with medical laws. Office based surgery items need personal care, attention, aftercare, great facility and lower cost. The purpose of these guidelines is to ensure the safety of the patients. There are two types of laws related to office based surgery guidelines. These laws are:
- Public health law guidelines
- State education law guidelines
You can go to the official page of laws in your state in order view and get copies of these essential guidelines. Dr. Holden with Scottsdale PS says it’s vitally important to know the laws and guidelines for both the patients and the service providers.
Office Based Surgery Guidelines
Whether going in for a mommy makeover or a facelift, an office based surgery is an advancement of technology. It is included with the comfort and convenience of the patient, and benefits of the physicians. The surgical procedures are very updated and advanced. What once could only be performed at a hospital, is now being performed in the physician’s office. It is still required that all procedures are to be performed by a trained physician. It also should be noted that while physician office still have to pass certain requirements and licensing, they often aren’t as strict as hospital or large practices. The intensity of requirements and licensing for physician offices vary state-by-state. During an office based surgery, there are some levels of anesthesia that will be administered.
General Anesthesia:
It is a drug-induced loss of consciousness during which the patients are asleep and unaware during the procedure. It is legally required for a qualified anesthesiologist to administer the anesthesia, and monitor the cardiovascular function of the patients. It is their responsibility to handle the overall matter. It is very much important in this case. The policies are in place for both patient assessment and monitoring. There are three different levels of anesthesia, and are used depending on the intensity of the procedure.
In Conclusion
While individual state regulations vary, all states have office based surgery guidelines. The purpose of the healthcare requirements for office based surgery essentials are to keep the procedures safe and secure. These requirements are specific and meet all the needed guidelines. So, the purpose for these guidelines are to ensure the safety of the patients. There are many different requirements applicable for the performing in an office based surgery setting. The physicians are also carefully navigating the whole matter through the legal and economic consideration. These practices are being performed under strict supervision in the medical field.
The devastation of medical malpractice – do you have a case?
When we visit a healthcare professional, we are literally placing our lives in their hands. We give them our trust, we invest in their skills, experience and they give us the confidence we need to know that they’re going to do everything they can to help us.
But sadly, bad things happen to good people. Regardless of how much trust you place in your doctor, sometimes things just don’t go to plan…and when things go awry due to the negligence of your medical team, the results can be both life altering and devastating. This is when you need to check out Long Islands best personal injury lawyer. No one should have to live with the consequences of someone else’s mistake, especially when that person was meant to care for you.
But do you have a medical malpractice case? Read on for 3 of the most common cases.
Surgical errors
When you’re having an operation you have enough to worry about already. But surgical errors are one of the most common medical malpractice cases in the US. These can range from the use of unsterile and dirty surgical tools during the operation, to the operation occurring on the wrong body part or limb, leaving surgical tools inside the patient, failure to control bleeding, poor monitoring of vital signs which led to injury, damage to internal organs, nerves and tissues and a poor standard of pre and post op care. The repercussions of surgical errors can be felt throughout the rest of your life, not forgetting the mental and psychological damage it can cause.
Birthing errors
When you’re expecting a baby it’s a truly magical time. You’re planning everything to the very last detail from the first baby grow they’ll wear to what they might be when they grow up. What you don’t plan for, is the mishandling of the birth, which can result in life altering damage to your baby, to you – the mother – or even death of the mother and child. From poor pre-natal care that failed to recognise symptoms of life threatening conditions, or the dangerous position of the baby, failure to order a C-Section in time, lack oxygen which results in brain damage to the child, haemorrhaging, damage to nerves and limbs and poor after care that resulted in death. These catastrophic errors are both emotionally and financially crushing for any new parent.
Medication errors
The process of prescription to the dispensary of a medication is a long one. And as such, it means that a mistake can happen at any time. From the wrong medication being prescribed in the first place, to too much being dispensed or even too little, wrong instructions for taking the medicine given, errors within the manufacturing of the medicine, failure to monitor the patient accurately whilst on the medication – all of which could have devastating consequences.
While it’s true that accidents and mistakes do happen, your Dr has a duty of care to provide you with the best medical care available. If they don’t, then you may have a medical malpractice case.
What Does ‘Pain and Suffering’ Mean in a Medical Malpractice Case?
Around 1% of hospital patients become victim to medical malpractice. But oftentimes, people aren’t even aware that they’ve been victimized and therefore, don’t take action.
That’s why it’s important to have a clear understanding of what medical malpractice is, and more specifically, what the claim of ‘pain and suffering’ means.
Keep reading to learn more so you can protect yourself and take action against any negligent harm that’s been done to you by healthcare professionals.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, hospital, or other healthcare professional causes an injury to a patient through neglect or omission.
In order for a claim to qualify as medical malpractice, it must have the following characteristics.
Violation of Standard Care
The ‘standard of care’ refers to the specific medical standards that are recognized and followed by all healthcare professionals. This means that a healthcare professional is expected to act and perform their duties in a way that the majority of others in the field would accept and agree with.
If a healthcare professional violates the standard of care, they may be acting negligently and be liable for medical malpractice.
There Was a Negligent Act
Mistakes and unavoidable occurrences can happen while under the care of a healthcare professional, and that can lead to injury. But in order for it to be considered medical malpractice, there needs to be negligence involved.
A negligent act means that a healthcare professional made decisions that went against the standard of care.
This is where things can start to get a bit cloudy, which is why you should hire a lawyer like Hach & Rose, LLP if you believe you’re a victim of medical malpractice.
The Negligence Resulted in Significant Injury or Damages
Negligence isn’t enough to qualify a claim as medical malpractice. But if the negligent act led to significant injury or damages, then it would be considered medical malpractice.
This means if you get a minor cut from negligence, you can’t go making a malpractice claim unless you can show that it will have a lasting physical or psychological effect on you.
Significant injury and damages takes us to our main point, which is the idea of ‘pain and suffering’.
What Does ‘Pain and Suffering’ Mean?
When filing for medical malpractice, one can put a claim in for ‘pain and suffering’ damages. This type of damage is then assessed and considers a number of factors.
Some examples that can lead to a ‘pain and suffering’ claim include:
- Permanent loss of function
- Physical impairment
- Disfigurement
- Lower quality of life
- Mental anguish (trauma, anxiety, etc.)
If the victim claims ‘pain and suffering’ damages, the court will consider the above examples plus others to determine how much will be paid out.
It’s Time to Take Action
If you’re a victim of medical malpractice, it’s time to take action and get compensation for your pain and suffering. Hire a medical malpractice lawyer to help you get what you deserve.
Looking for more legal advice and tips? Check out the rest of our blog page for more!
Surgical Error or Malpractice: How to Tell the Difference
Every surgery is associated with some degree of risk, no matter how large or small.
The thought of any mistake happening during a medical procedure is frightening. Unfortunately, surgical errors are more common than you think.
You have to be ready to act when you’ve been injured. There’s an entire legal field devoted to addressing these errors. It’s called medical malpractice law.
However, just because there’s a problem, doesn’t necessarily mean that a doctor committed medical malpractice.
How could this be?
Let’s take a closer look at the difference between a surgical error and actual medical malpractice.
What Is a Surgical Error?
A surgical error is a mistake that occurs during surgery.
According to Justin Kimball from www.preszlerlaw-ns.com, surgeons can make surgical errors when they do not adequately prepare for surgery by ensuring that the operating room is sterile and their surgical tools have been disinfected properly.
The most common errors include:
- Cutting the wrong incision
- Performing surgery on the wrong site or organ
- Performing surgery while under the influence
- Operating on a patient while tired
- Leaving medical equipment inside a patient
- Post-surgery infections
- Operation as a result of misdiagnosis
- Tissue and nerve damage
- Errors during birth
These types of errors can lead to more medical bills. They may also qualify for compensation under medical malpractice law. However, not all negative experiences qualify for settlements.
How could a bad experience not result in a personal injury case? This is one of the most common – and most understandable – questions about surgical errors.
When It’s Not Malpractice
It’s essential to understand what a surgical error is and what it’s not. You can have a negative experience, but not every bad experience is an error. The error must be a result of negligence during surgery.
Many medical malpractice claims fizzle because of patient consent. Before undergoing surgery, patients sign consent forms that acknowledge the possible risks associated with their operation.
One risk may be pain after surgery. It would be hard to pursue a medical malpractice case for pain if a patient acknowledged the risk before surgery. Therefore, post-surgery pain is not a surgical error.
However, if post-surgery pain is a result of a doctor’s negligence, then you would have a much stronger medical malpractice case.
If your condition worsens after surgery, that’s not grounds for a medical malpractice case, as devastating as it is. You also can’t sue for an untreatable condition. However, if those experiences are a result of a misdiagnosis, you may have a case.
When to Call a Lawyer
If your negative experience is a result of negligence, call a lawyer right away. You can still talk to a lawyer if you’re unsure if a surgical error even occurred. It’s better to be safe than sorry.
Look for a law firm in your area that specializes in negligence cases. Remember, malpractice laws and protocol vary from state to state. Each state in the U.S. has different compensation caps and filing deadlines.
Malpractice protocol varies from country-to-country too. Finding the right malpractice lawyer in your country is essential.
Take Action
Don’t let a surgical error give you more pain down the road. Whether you have a case or not, you must take action. You can proceed with a malpractice suit or get a free consultation.
Every patient should know their rights and their limitations under the law. Discover more legal facts on our blog to help you make the right decisions moving forward.
Don’t Go at It Alone: The Benefits of Hiring a Medical Malpractice Lawyer
Medical mistakes lead to a quarter of a million Americans dying each year. That makes this the next most common cause of death after cancer and heart disease.
If you’re looking for justice over an injury you believe was caused by a medical error then you may want to begin a malpractice lawsuit. Here’s why you should enlist the help of a medical malpractice lawyer.
An Objective View
When a medical procedure doesn’t end with the best result it’s very normal to want to point the finger of blame. Emotions run high at these times so it’s important to be sure that there is a case to answer.
A medical malpractice lawyer will be able to look at things objectively. They’ll be able to advise you on what the chances are of a successful outcome or even whether you have a case at all.
Some of the Basics
Medical malpractice cases can be complex. There are several compulsory elements that you’ll need in place before you even start. You’ll have to prove you had a physician-patient relationship with the person you’re planning to sue.
Medical care is not required to be the best. It does though have to be reasonably skillful and careful. For a successful outcome, a lawyer will help show that your physician was negligent in relation to your diagnosis or treatment.
Pain and Suffering
Some cases involve patients who were sick or injured already. This can create a question mark over whether any alleged negligence caused harm. Your medical negligence lawyer will help demonstrate a balance of probability.
That means showing there was incompetence on the part of a member of the medical team which directly caused the problem. You’ll also need to show that you suffered harm as a result.
This could mean physical injury and pain. It might include mental health issues or additional medical bills. It could also have resulted in a loss of work or earning capacity.
A Medical Malpractice Lawyer Can Offset Costs
Your case will likely involve hiring expert witnesses, many hours of legal work and paying for documents. This can make things very expensive. Cases can run into tens or even hundreds of thousands of dollars.
The right lawyer might take on your case without you having to pay anything upfront. They’d only get paid if you received compensation. This can make embarking on legal action much less stressful.
Conducting an Investigation
When an investigation is necessary, it’s best to have the power of an established law firm behind you. It’s unlikely you’d have the resources or experience to conduct the investigation successfully.
The difference between winning or losing can often come down to the quality of the investigation. A medical malpractice lawyer will have the skill to compile your case and present it in a compelling way to a judge or jury.
Getting the Best Result
Hiring the services of a reputable medical malpractice lawyer is going to help you get the right result. That could mean the difference between walking away with nothing or a significant settlement.
Continue reading our blog for more useful articles.
Getting Hurt In Caring Hands: What Constitutes A Medical Malpractice Lawsuit?
Every year, hospitals and healthcare facilities spend more than $3 billion in medical malpractice payouts. That works out to them delivering a payout approximately once every 43 minutes. Even hospitals with superb healthcare marketing services are not immune to this.
Clearly, a lot of people file medical malpractice lawsuits each year. It’s not always easy to tell if you have a malpractice case on your hands, though.
If you’re not sure if your situation warrants a malpractice lawsuit, keep reading. Explained below is some important information you ought to know about this type of lawsuit.
What is Medical Malpractice?
In the event that a hospital, doctor, or another health care worker causes an injury to a patient because of negligence or an act of omission, medical malpractice has occurred.
There are lots of different ways in which a physician or other professional could injury a patient.
They might cause a physical injury or illness, for example, or they could make an incorrect diagnosis or administer ineffective or dangerous treatment because they overlooked an important aspect of their patient’s case.
When to File a Malpractice Lawsuit
It’s not always clear when it makes sense to file a malpractice lawsuit. In order for a case to be considered malpractice, it has to meet some specific criteria, including the following:
Violates the Standard of Care
A medical professional must meet certain standards when providing care to a patient.
If you believe that your physician (or another medical professional) did not meet these basic standards, then you may have a case of negligence and malpractice on your hands.
An Injury Occurred Because of Negligence
You’ll also need to be able to prove that an injury occurred because of the medical professional’s negligence.
It’s not enough for a negative outcome to have taken place. You also have to prove that the negligence caused the negative outcome.
The Injury Caused Significant Damage
For you to have a viable case, you to show that the damaged caused by the injury and the medical professional’s negligence are significant.
If the cost of pursuing the case is greater than the cost of treating the injuries, it likely won’t be in your best interest to pursue a lawsuit.
Additional Requirements
In addition to meeting these basic criteria, there are some other requirements your case may need to meet depending on your state. Some common requirements include the following:
Statute of Limitations
Potential medical malpractice cases need to be brought up as soon as possible. The longer you wait before taking action, the less likely you are to have your case taken seriously.
Most states also have limits on how long you can wait before you make a claim. Usually, you have to make your claim with six months to two years of the injury.
Review Panels
In many states, you have to submit your claim to a medical malpractice review panel first. They will hear arguments, review evidence, and decide whether malpractice actually occurred.
Special Notice
Often, as a patient, you have to give the medical professional against whom you’re filing the lawsuit notice. You’ll have to do this before you file your claim.
Expert Testimony
In most cases, a testimony from a medical expert is required. They’ll help verify your claims and prove that malpractice did occur.
Limits on Damage
There are often limits on the money that a healthcare facility can award to you. Each state has a different cap that they place on damage payments.
What to Do if You’re a Victim of Malpractice
If you believe that your case meets these requirements and constitutes medical malpractice, it’s important for you to take action right away. The following are some specific steps you ought to take if you’re a victim of medical malpractice:
Seek Treatment from Another Doctor
If you’re a victim of medical malpractice, your health ought to be your first priority. Make sure you’re taking care of yourself and getting the help you need. Reach out to another doctor or health care professional and seek treatment for your injury or illness before doing anything else.
Request Medical Records
Once your health is stable, be sure to request all medical records related to your injury or illness. This includes records from your current doctor and the doctor who caused the original issue.
Keep Your Own Records
It’s a good idea to keep your own records, too. Take pictures of your injuries and keep a journal. In your journal, write down how you’re feeling, the specific symptoms you’re experiencing, and whether things are getting better or worse.
Hire a Good Malpractice Lawyer
Be sure to hire a good medical malpractice lawyer, too.
It’s important to have someone on your side who knows a lot about the law and has a history of handling cases like yours. Look for someone who has worked on (and won) a lot of malpractice cases and sit down with them to talk about your case.
During the meeting (many lawyers offer a free initial consultation so you can get to know them), talk to the lawyer about your chances of winning the case and whether they recommend you proceed with pursuing it.
If they do, get more information on their fee schedule, others who might also work on your case, and what they need you to do moving forward.
Don’t Contact Other Parties
Be sure to avoid talking to the other parties involved in the case if you decide to pursue a lawsuit.
Your lawyer should communicate on your behalf when you’re talking to representatives from insurance companies, other lawyers, and anyone else who may be involved.
Find a Malpractice Lawyer Today
Now that you know more about medical malpractice and ins and outs of a medical malpractice lawsuit, do you think it’s in your best interests to file one?
If you’re still on the fence, it might be a good idea to talk to a malpractice lawyer anyway and find out what they think.
If you need help finding a malpractice lawyer, start by keeping the tips listed above in mind as you begin your search.
Be sure to use our free search tool, too. It’ll make it easier than ever for you to find qualified malpractice lawyers who practice in your area.
