Are you hesitating to pursue a medical malpractice lawsuit?
This fear can be paralyzing and stop you from seeking justice. You may suspect someone was negligent, but you are afraid of an unsuccessful conclusion.
This worry is normal. However, it may hold you back from standing up for your rights.
There is a solution to this situation. A little knowledge and connecting with a local medical malpractice lawyer can give you tremendous confidence. Start this vital part of the process with us today through this article, and learn what you can expect from us regarding your malpractice suit.
What is Medical Malpractice?
There are strict expectations for what reasonably competent professionals in the same specialty should provide. Accordingly, medical malpractice can occur in any healthcare setting. It happens whenever an action or failure falls below the standard of care that causes harm.
There are many examples of medical malpractice. But some of the most frequent incidents involve these instances:
- Delayed diagnosis
- Medication errors
- Surgical mistakes
- Anesthesia errors
- Failure to diagnose or treat a medical condition
- Improper treatment
There is a tendency to refer to medical malpractice and medical negligence interchangeably. Regardless, there are some crucial differences between the two.
Medical negligence does not always result in harm to a patient. On the other hand, malpractice involves a breach of duty that causes injury. As a result, these claims typically involve more complex legal and medical issues.
Elements of a Medical Malpractice Claim
The first element of a medical malpractice claim is the duty of care. This legal term refers to the obligation to provide a certain level of healthcare. It becomes established when a healthcare professional agrees to treat a patient. Once they take this responsibility, they should act as others with similar training would in your circumstances.
The second element is the breach of duty itself. Proving this aspect happens when the evidence demonstrates inappropriate action or inaction. This proof could come from medical records or witness testimony.
Causation is the third and often most demanding part of a lawsuit. Your attorney must connect the breach of duty directly to the injury. In other words, your case must show you would not have suffered harm under appropriate care. The complications in a case happen because other factors may have contributed to the damage. For instance, the defense may argue that you had an undisclosed pre-existing condition.
The final element of a medical malpractice claim is damages. This portion refers to measuring the level of injury you suffered. It can include physical, emotional, and financial harm.
How to Determine if You Have a Claim
This is something that you can expect from us if you talk to us about medical malpractice. We can help you set up a consultation with an attorney, which is crucial when making this determination. A medical malpractice attorney can review the details and evaluate your odds. Additionally, they can help you assemble evidence and explain the intricate issues involved.
Investigations and gathering evidence are vital parts of case evaluation. Medical records, witness statements, expert opinions, and other documentation must be in order. These details must be together as soon as possible, as memories can fade and certain records can disappear.
The statute of limitations must also factor into this process. These deadlines vary by state but typically range from one to three years. You can lose your right to claim damages if you do not act in time.
Factors That Can Affect Your Claim
As you have read, there are many complexities, even in the fundamental parts of a medical malpractice claim. This section will examine other critical factors your attorney must consider.
Contributory negligence is a legal doctrine that examines whether you carry some liability for the injury. For example, if you fail to disclose medical information, this inaction can lead to a misdiagnosis or improper treatment. If the court finds you responsible, it may reduce or nullify the damages recovered.
Assumption of Risk
Assumption of risk occurs when you voluntarily engage in an activity with a known risk of injury. For illustration, consider a situation where you decide on a risky surgery. In this circumstance, the defense can argue you knew what you got yourself into.
Informed consent requires healthcare providers to obtain permission before giving medical treatment. They must ensure you know the risks, benefits, and alternatives to a procedure. A doctor that fails to complete this requirement may be liable for malpractice. However, it may not apply in all cases, such as emergencies.
Connect with a Local Medical Malpractice Attorney Today
Determining whether you have a valid claim is an elaborate process. It requires careful analysis of the facts and circumstances. Then, knowing you found the right medical malpractice attorney can be necessary.
Now is your opportunity to hold healthcare professionals accountable for their actions. Start the journey toward securing compensation with us today. Complete our online form or call (866) 345-6784 to schedule a consultation with a local medical malpractice lawyer.