Medical Malpractice Lawyer
Close to half a million U.S. patients die every year as a result of medical errors. Thousands of others suffer physical harm because a doctor, nurse, midwife, or other healthcare practitioner failed to provide a proper standard of care. Unfortunately, many malpractice incidents go unreported because victims are unaware they have a right to take legal action. It is a devastating prospect that the very person you entrusted with your health and life can cause severe injury, pain, and hardship. Fortunately, the law affords remedies to victims who have needlessly suffered.
If you believe that a medical practitioner’s conduct or reckless actions caused injury or death, you may be eligible to pursue compensation for economic and non-economic damages. The best way to determine if you have grounds for filing a lawsuit is by consulting with a qualified medical malpractice lawyer. However, you don’t have to shoulder this burden alone. The Legal Helpers can help you find the right attorney for your medical malpractice case – a litigator who specializes in claims involving surgical errors, misdiagnosis, and other common types of medical negligence.
What Is Medical Malpractice?
Medical professionals who work in hospitals or clinic settings are expected to provide a certain standard of care. If your physician makes a mistake in the course of your care, this -- by itself -- does not constitute malpractice. To prove that malpractice occurred, the plaintiff must establish the following:
- A relationship existed between the plaintiff and the healthcare professional.
- The doctor deviated from the appropriate medical standard of care
- The failure constitutes a breach of duty
- The doctor’s negligence caused physical injury
- The injury resulted in specific damages such as additional medical expenses, mental trauma, lost income.
Like personal injury claims, there are strict deadlines in which patients must file suit against the alleged negligent party. This is known as the “statute of limitation” and varies from state to state. If legal action is not pursued within this specified time limit, the opportunity for suing is forever lost. The statute of limitation for pursuing a medical malpractice claim can be as short as 6 months and as long as three years.
Filing a Claim for Compensation
A skilled medical malpractice attorney will ensure the lawsuit is brought against the correct healthcare practitioner or entity. In some situations, you might sue the physician directly, but the healthcare system or hospital may be named defendant in others. In order to make a compelling claim for compensation, the plaintiff must have evidence that proves the defendant was negligent and that their breach of duty was the cause of injury.
A malpractice suit can be settled out of court if both parties come to an agreement on the number of damage, however, if owed. If a settlement is not negotiated, the case will go to trial, where your attorney must argue before a jury.
Needless to say, your choice of legal counsel will have a substantial impact on your likelihood of success. These cases are exceedingly complex, and you want a lawyer who has a strong track record of winning claims just like yours.
Types of Medical Malpractice
Doctors, surgeons, nurses, and other health care providers face numerous challenges on a daily basis. Mistakes are bound to happen, but when negligence leads to catastrophic injury or untimely death, victims and their families have a right to legal recourse. There is a broad range of situations that can merit medical malpractice claims, including:
- Delayed diagnosis
- Surgical errors
- Failure to diagnose a medical condition
- Anesthesia errors
- Improper treatment
- Medication errors
- Birth injuries
- Hospital negligence that leads to infection
- Lack of consent before procedure or surgery
What a Medical Malpractice Attorney Can Do for You
There are many elements to proving that medical malpractice occurred and that the defendant deviated from the accepted standard of care. Your attorney will be tasked with adhering to state deadlines and malpractice review panels, filing paperwork and motions as needed, reviewing medical records, collecting evidence, and securing expert testimony to build your case. Your lawyer will seek compensation that accounts for all past, current and anticipated losses that you have sustained. This can include:
- Reimbursement for medical bills
- Pain and suffering
- Partial or permanent disability
- Loss of income
- Loss of enjoyment of life
- Loss of earning power
- Emotional distress
- Rehabilitative expenses
- Medical equipment
- Other out-of-pocket costs
Connect With a Reputable Attorney in Your Area
A medical malpractice lawyer can provide seasoned advice for your specific case and determine your options for legal recourse under state law. If you or a loved one suffered an injury in a healthcare setting due to negligence, you deserve to be compensated. The Legal Helpers can connect you with a highly credentialed malpractice attorney in your area – free of charge! Don’t wait too long and forfeit your rights to monetary damages. Call today to gain access to the right lawyer for your injury claim.