Medical negligence and errors result in thousands of injuries and suffering each year.
Although patients put their trust in the hands of doctors, nurses, and other healthcare providers, they sometimes provide services below the standard of care. In such instances, they are guilty of medical malpractice.
Unfortunately, medical malpractice is hard to prove. Patients, therefore, require the assistance of a medical malpractice attorney to ensure they get fair compensation.
What Is Medical Malpractice?
Medical malpractice is negligence when a healthcare provider delivers inappropriate treatment, offers substandard treatment, or fails to take appropriate action causing injury, harm, or death to a patient.
Malpractice typically involves a medical error in diagnosis, medication dosage, and treatment. Each state has medical malpractice laws that make it possible for the aggrieved patient to recover compensation from any harm or pain that resulted from substandard treatment, with or without the help of a medical malpractice attorney.
Some of the medical malpractices include the following:
- misinterpreting or disregarding test findings
- unnecessary surgery
- Errors in surgery or improper operation sites
- Incorrect dosage or medicine
- Poor aftercare or follow-up
- Premature release
- disregarding or failing to obtain the necessary patient history
When Is A Claim Considered Medical Malpractice?
For a claim to be considered medical malpractice, it must satisfy these three conditions:
1. Violation Of The Standard of Care
Healthcare providers are expected to operate under specific medical standards known as the standard of care. Patients have a right to obtain treatment consistent with these standards. If the standards are unmet, negligence is established.
2. Injury Caused Due To Negligence
Apart from violating the standard of care, patients must also prove they sustained injuries that would not have occurred without negligence. If there was negligence, but the health provider caused no harm, there is no malpractice case.
3. The Injury Resulted In Significant Damages
Patients must prove that significant damages resulted from an injury due to medical negligence. Medical malpractice lawsuits are expensive; hence, the damages must be greater than the cost of pursuing the case. The damages must have resulted in the loss of income, death, substantial medical bills, or disability.
How Does Medical Malpractice Attorney Help Win The Case?
A reputable medical malpractice attorney should consistently be recognized as they bring to the table their expertise to ensure patients receive the compensation claim they deserve. Here is more of what they offer.
1. Investigate Whether You Have A Case Or Not
You might suspect that you sustained injuries or suffered due to medical malpractice. But it is always good to consider if you have a strong case and if it is worth fighting. Do you have to prove, and are you capable of presenting enough evidence to prove your case?
A medical malpractice attorney has enough skills to identify instances of medical malpractice and deliver a favorable judgment for their clients. Most attorneys review and thoroughly evaluate cases for free and advise their clients if they have a compensation claim. They can conclude similar cases to determine if your case is viable and advise the likely outcome.
2. Satisfy The Statute Of Limitations
A patient must file injury claims within a limited period. Each state has a statute of limitation laws that determines how long you have to pursue your medical malpractice case. The limitations are set since evidence can be lost and memories lost over time, hence the need to follow the case within a time limit.
For instance, a claim is time-barred in California if not filed within one year since the malpractice happened. Therefore, hiring a medical malpractice lawyer means you take advantage of such time frames. They understand your state’s statute of limitation laws and will ensure the case is filed within the appropriate time.
3. Have Medical Experts On Board To Review Your Case
The truth is, without a medical expert’s opinion, you do not have a medical malpractice case, as any case against a medical provider requires the testimony of a qualified expert. Some states require that a certificate of merit be attached to the lawsuit indicating that the lawyer consulted a medical expert and believes the case is reasonable.
Accessing a medical expert on your own can be a huge undertaking. On the other hand, medical malpractice attorneys have access to a broad network of certified physicians who can testify against the offending medical provider. The expert provides vital information used by the jury to determine the medical provider’s negligence and the level of malpractice.
4. Deal With Insurance Companies
Insurance companies are out to make money. Hence, they will do everything within their power to under-compensate you. Their cunning representatives trick complainants into accepting compensation that is way below what they deserve.
With a medical malpractice lawyer, you do not have to deal with intimidation and harassment. Your attorney will handle your case and talk to the insurance company. They will also advise you when to speak and what to say to your insurer to ensure you do not say anything that might jeopardize your case.
5. Ensure You Get A Fair Compensation
With the help of an attorney, your expectations may be high and high. Experienced attorneys have gone through similar cases to yours and can estimate the value of your claim. They know the strategies to use to maximize your chances of having a fair and successful compensation claim.
They will put your best interests when negotiating a settlement and seek additional economic damages such as lost wages if sustained injuries leave you incapacitated. They also understand state laws that limit non-economic damages that can be recovered from medical malpractice and advise you accordingly.
They also walk with you during the trial and provide all the evidence needed to prove that you sustained immense damages due to medical negligence.
Hire A Good Medical Malpractice Attorney
No patient deserves to suffer due to the negligence of a health provider who is supposed to offer care and support. If that happens, a medical malpractice attorney can help you weigh whether you have a case and ensure you file for a claim within the time limit. They’ll also have medical experts review your case and talk to your insurer to ensure you get fair compensation.