A Guide to Medical Malpractice

Medical malpractice is a type of professional negligence, whether by act or omission, by a healthcare provider in which the treatment provided falls below the accepted standard of practice in the medical community, resulting in injury or death. In order to win a medical malpractice lawsuit, you will need to partner with a medical malpractice attorney who must prove that the health care provider acted negligently and that this negligence caused you harm.

Types of Medical Malpractice

There are several common types of medical malpractice, including but not limited to:

Misdiagnosis or Delayed Diagnosis

This happens when a doctor incorrectly diagnoses a patient’s condition or delays in making a diagnosis. For example, if a cancerous tumor is misdiagnosed as benign, it can grow and spread, leading to more serious health complications.

Failure to Treat

This happens when a doctor fails to provide the proper course of treatment for a diagnosed condition. For example, if a doctor prescribes the wrong medication or dosage, it can cause serious health problems.

Birth Injuries

This can happen when a doctor or other healthcare provider fails to properly care for a mother and child during pregnancy and childbirth. For example, if the baby is delivered prematurely without being adequately monitored, it can lead to birth injuries such as cerebral palsy.

Surgical Errors

This can happen when a surgeon makes an error during surgery. For example, if a surgeon operates on the wrong body part or leaves behind foreign objects inside the patient’s body.

Anesthesia Errors

This happens when there is an error administering anesthesia which can lead to serious complications such as brain damage or even death.

Medication Errors

This can happen when a doctor prescribes the wrong medication or dosage, which can lead to serious health problems.

What to Do If You Think You’ve Been Victimized

If you believe that you’ve been the victim of medical malpractice, there are some steps you can take. First, get copies of your medical records and have them reviewed by another healthcare professional to see if there was any negligence involved in your care. You should also reach out to an experienced medical malpractice attorney who can help evaluate your case and advise you on your legal options moving forward.

Statute of Limitations

Medical malpractice claims must be filed within a specific time frame, known as the statute of limitations. In most states, this time limit ranges from one to three years from the date of the injury or discovery of harm. Failing to file within this period could forfeit your right to pursue compensation. Because each state has unique regulations, consulting a medical malpractice attorney can clarify your filing deadline and ensure that your case remains valid.

Potential Damages in Medical Malpractice Cases

If a medical malpractice claim is successful, the injured party may be entitled to various types of damages. These often include compensatory damages for medical expenses, rehabilitation costs, lost wages, and future medical care. Additionally, some cases may grant damages for pain and suffering, emotional distress, or loss of quality of life. In rare cases, punitive damages might be awarded if the healthcare provider’s actions are proven to be grossly negligent or malicious. Your attorney will help assess which types of damages are applicable to your case.

Common Defenses in Medical Malpractice Cases

Medical malpractice defendants often employ several strategies to dispute claims. One common defense is asserting that the injury was a known risk of the treatment. Another defense is arguing that the injury was due to a pre-existing condition, unrelated to the alleged malpractice. Some providers may even claim that the injury was unavoidable despite following the standard of care. Understanding these common defenses can prepare you for the challenges in your case and highlights the importance of working with a skilled attorney.

The Role of Expert Witnesses

Expert witnesses play a critical role in medical malpractice cases. Typically, these experts are healthcare professionals who provide testimony to explain the standard of care expected in similar circumstances and to identify how the provider deviated from this standard. Expert witnesses can clarify complex medical details for the court, making it easier to establish negligence. A reputable medical malpractice attorney will connect with credible experts to strengthen your case and enhance its chances of success.

Finding a Medical Malpractice Attorney

If you’ve been the victim of medical malpractice, it’s important that you find an experienced lawyer who specializes in this area of law in order to increase your chances of success in court. The right medical malpractice attorney will be able to guide you through every step of the legal process and fight for compensation on your behalf. When choosing an attorney, be sure to ask about their experience with similar cases and whether they have any specialty training in medical malpractice law.

File a Medical Malpractice Claim

If you’ve been harmed by substandard medical care, you may be wondering how to go about filing a claim. The first step is usually to file a complaint with the state licensing board against the negligent party (usually either an individual healthcare provider or facility). After that, an investigation will be opened during which evidence will be gathered and witnesses interviewed. Once the investigation is complete, a hearing will be held during which both sides will present their respective cases before an administrative judge. After the hearing has concluded, the judge will issue their ruling on whether or not disciplinary action is warranted against the negligent party involved in your case.

You Deserve Justice– Let Us Help

If you think that you may have been victimized by medical malpractice, it’s important that you take action immediately in order to protect your rights and increase your chances of success in court. Speak with an experienced medical malpractice attorney today who can help guide you through every step of this complex legal process so that you can get the justice and compensation that you deserve.

Looking for a medical malpractice attorney? Look no further than Gioffre Schroeder & Jansky Law. Our team of experienced attorneys has the knowledge and expertise to help you win your case. Contact us today for a consultation.