Introduction
Medical malpractice is a form of personal injury that occurs when a healthcare professional provides substandard care, resulting in harm to the patient. It can happen in various medical settings, including hospitals, clinics, nursing homes, and private practices. If you or a loved one has been a victim of medical malpractice, it’s important to understand the legal options available to you.
Identifying Medical Malpractice
To pursue a medical malpractice claim, you need to be able to identify that medical malpractice has occurred.
The following are some common examples of medical malpractice:
- Misdiagnosis or Delayed Diagnosis: If a healthcare provider fails to diagnose or misdiagnose a medical condition, it can result in serious harm to the patient. For example, if a patient’s cancer is misdiagnosed, they may receive the wrong treatment or no treatment at all, leading to the cancer’s progression.
- Surgical Errors: Errors that occur during surgery can also be a form of medical malpractice. Examples include operating on the wrong body part, leaving surgical instruments inside the patient’s body, or damaging organs during surgery.
- Medication Errors: Mistakes in prescribing or administering medication can also be a form of medical malpractice. For instance, if a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to consider the patient’s allergies, it can lead to serious harm.
- Birth Injuries: Medical malpractice can also occur during childbirth. Examples include failing to diagnose or respond to fetal distress, using excessive force during delivery, or failing to order a cesarean section when necessary.
Pursuing a Medical Malpractice Claim
If you believe that you or a loved one has been a victim of medical malpractice, it’s essential to consult with an experienced personal injury attorney who can evaluate your case and help you pursue a claim.
The following are some steps you can take:
- Gather Evidence: You will need to collect all relevant medical records, including test results, x-rays, and other diagnostic tests. You should also keep a journal of all symptoms and how they have affected your daily life.
- Consult with an Attorney: An experienced personal injury attorney can help you navigate the complex legal process and determine if you have a case. They can also help you negotiate a fair settlement with insurance companies and healthcare providers.
- File a Lawsuit: If a settlement cannot be reached, your attorney may advise you to file a lawsuit. A lawsuit can be a lengthy and complex process, but it may be necessary to obtain the compensation you deserve.
It’s important to understand that medical malpractice lawsuits are very expensive to litigate and cannot be filed without an expert affidavit (which will cost a few thousand). Though you would normally not have to pay your attorney unless the case settles or verdict (attorneys take a portion of that), but clients pay expenses. Therefore, it is critical not to file the case unless it involves clear liability and damages to cover the tens of thousands in litigation costs, attorney contingency, and liens.
Conclusion
Medical malpractice is a serious issue that can result in significant harm to patients. If you or a loved one has been a victim of medical malpractice, it’s important to take action to protect your rights. By understanding the signs of medical malpractice and working with an experienced personal injury attorney, you can pursue a claim and obtain the compensation you need to recover.
