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MEDICAL MALPRACTICE LAWYERS
Doctors, nurses, and other health professionals are held to high standards for their care and, more often than not, meet that standard. However, there are times when that responsibility may slip through the cracks, and you may end up injured by someone who should have been there to help. If healthcare messes up or fails to act, when healthcare professionals of similar training and experience would act differently, he is providing care “below the standard of care.” This malpractice may place a patient at risk for injury or death.
If that happens to you or your loved one, call an attorney experienced in medical negligence law to pursue and resolve your case. Unfortunately, medical errors occur far more frequently than they should. According to a recent Johns Hopkins study, the 3rd biggest cause of death in the United States is medical malpractice, trailing only heart disease and cancer in terms of overall fatalities. The medical negligence attorneys in our firm take medical errors seriously and are committed to helping you hold healthcare providers accountable for their mistakes.
Our attorneys can assist you if you or a loved one may have been the victim of medical negligence.
How To Tell If You Have Medical Malpractice Case?
A few moving parts to a medical malpractice case involve navigating the complicated worlds of medicine and the law.
Patient-physician relationship: You need to prove that you have a well-established relationship with a healthcare provider through employment or other contractual arrangements for their services. These services may be performed only in the scope of their job, such as in hospitals or private practices. Duty of care and breach of duty: Professionals such as doctors and nurses are expected to operate to specific standards set forth by the medical community. Your provider has a legal obligation to provide services that meet these standards. A breach of duty is an act of negligence or a failure to act, such as the removal of an incorrect organ, serious injury to a body close to a surgery, or leaving instruments in a body, among others.
Causation: One of the most challenging aspects of medical malpractice litigation is showing the practitioner’s culpability. Documents, other medical treatments, and statements by healthcare providers are often used to indicate the link between your injuries and a doctor’s malpractice. Damages: The injuries caused by this neglect should result in an economic or noneconomic loss.
Economic damages are objectively testable monetary losses, such as past and future medical expenses, loss of income, and loss of employment or the ability to work. Noneconomic damages are more subjective, including pain, suffering, emotional distress, and a loss of life enjoyment.
What Types of Medical Errors Are Most Common?
There are specific types of medical mistakes that are seen the most frequently by medical malpractice lawyers.
Due to the complexity of the medical field, injuries can come from many different sources. As a result, medical professionals may be negligent in any phase of the process, ranging from your initial ER or clinic visit to the time you walk out of their facilities and begin your recovery process. This is only a brief list of the potential ways you may be affected.
What Does Medical Malpractice Lawyer Do For Me?
A Medical Malpractice Lawyer can guide your legal claims through the courts and give you an understanding of the nature of your situation. Even when facts and evidence align in your favor, having an advocate who can connect the dots to make a judge and jury see your side is critical.
Is Medical Malpractice Hard To Prove?
Unfortunately, medical malpractice claims are notoriously hard to prove. Without guidance, expertise, and knowledge in this area of law, which is what an experienced malpractice lawyer has, an injured person and his family members may find it incredibly difficult to take on a major corporation or insurance company.
A lawyer will know what evidence is necessary to make your case and can even bring expert witnesses. This is often needed to show that adverse health outcomes directly result from medical negligence.
How Much Do You Have To Pay a Lawyer That Handles a Medical Malpractice Claim?
Medical malpractice lawyers represent patients injured by healthcare providers on a contingency fee basis.
And if you lack the money to pay for the attorney’s costs, it is no problem. Lawyer fees will be subtracted from your settlement or the courts’ award when your case is over. If they cannot obtain damages for you, you will not pay.
Representing yourself to keep more of the compensation can be a costly mistake. According to a study from the Institutes Insurance Studies Board, injury victims can see their settlements rise to 40% higher if they decide to let an injury lawyer represent them.
Your injuries may have adverse effects on your mind, your body, and your wallet. Medical expenses: When an injured person is treated by their physician, they might end up burdened with unexpected medical bills. This includes physician visits, treatments, medications, and other costs. Future healthcare costs can be a factor as well. Pain and suffering: Damages to be paid in the case of pain and suffering usually offset the physical suffering, but emotional suffering such as anxiety, depression, and other psychological sufferings can be factored in.
Loss of consortium: Family members can seek damages following the loss of a husband, wife, or parent, either via a wrongful death lawsuit or in more typical circumstances following medical errors, such as the loss of sexual intercourse, companionship, affection, and comfort. This usually involves an injury that has changed one’s life. A loss of consortium indicates that you have been deprived of the “benefits of the family” due to the defendant’s actions. Loss of wages or earning power: When dealing with medical errors, some injuries are so severe that you might never return to being the same. In those cases, seeking lost wages or damages to future earning potential can be legitimate.
Even if a physician does not carry malpractice insurance, you still have a legal right to bring a lawsuit. In some states, doctors are required to have such insurance. However, 32 states do not have it.
Finding an experienced lawyer to represent you is a challenging task. First, you must feel confident about their knowledge and ability to represent your case in the best light.
The trial lawyers in our network are experts at presenting, explaining, and supporting the evidence that can make or break your case in court. They also understand the medical field and have built relationships with medical experts crucial when evaluating your case. As a result, our network’s expert medical malpractice lawyers can prove medical negligence beyond any shadow of a doubt, make a solid case on your behalf, and fight on your behalf inside or outside the courtroom until you receive the compensation you need and deserve.
In some states, there is a limited window to bring a claim with a medical malpractice attorney. How long you have to file suit against your doctor after an operation depends on the laws of your state. You must contact a lawyer as soon as you suspect a medical error.
The Law May Limit The Time You Have To File A Medical Malpractice Lawsuit
Under the legal rule known as “the statute of limitations,” any claim stemming from a medical malpractice claim must be filed within a specific period of time, otherwise, the injured person’s legal claims are barred, and their right to bring suit is lost for all time.
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