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Medical Malpractice
Nation Lawyers is a family firm specializing in Medical Malpractice, providing professional legal services. With years of experience in Medical Malpractice, including various cases and legal wins, Nation Lawyers is your firm of choice for Civil law. Medical Malpractice is composed of Birth Injuries and Cancer Misdiagnosis . Contact us today for a free consultation or to just talk about your case or our qualifications in relation to Medical Malpractice.
Medical malpractice occurs when you or a loved one becomes sick or injured after a medical procedure. If the doctors or other medical professionals fail to act with reasonable care, you may be eligible for a claim or file a lawsuit.
FAQs
Medical Malpractice
Medical malpractice occurs when a medical professional inadequately and substandardly treats a patient, putting them at risk of injury or death. If a medical professional fails to do what others with similar training would, they may be held liable for any injury or other loss resulting from their malpractice.
A common subset of medical malpractice is medical negligence. This occurs when there is a lapse in duty or a negligent act that can harm a patient. Examples include removing the incorrect organ during an excision, improperly stitching a surgical site, or leaving a tool inside the body. To be considered medical negligence, you must prove that the negligent act directly caused the resulting injury.
Medical Malpractice Examples
Individuals may fall victim to a multitude of medical malpractice cases. Below are a few examples.
Errors involving Anesthesia
Anesthesia is one of the most common drugs used during medical procedures. However, errors involving anesthesia are typical and if used improperly, patients may suffer extensive injuries. During a medical procedure, if anesthesia is used incorrectly, the patient may hold the doctor and medical professionals liable. Any damages caused in the present or future may be used when filing a claim.
Errors in the Emergency Room
The emergency room in a hospital is a fast paced environment where medical professionals are often in a hurry. Doctors and nurses must abide by certain standards even in these difficult situations where they do not have much time. If you or a loved one was injured in the emergency room, you may be able to file a lawsuit to claim financial compensation. Some errors in the emergency room include misreading charts and test results, failing to act in appropriate time, misusing equipment, and failing to monitor the patient.
Hospital Malpractice
In addition to suing medical professionals, the hospital where the patient was incorrectly treated may also be sued in what is called a hospital negligence lawsuit. The hospital can be liable for hiring incompetent or underqualified employees. For example, a hospital can be held liable if the professional who performed the malpractice did not have the proper degree.
Vicarious Liability in Hospitals
Hospitals can be held vicariously liable for injuries resulting from their employees’ negligence. This liability also covers systemic issues such as infections acquired from improperly sanitized instruments and unreasonably long wait times. Hospitals cannot be held, however, for negligent procedures performed by independent contractors, for example, those who hold a private practice. Hospitals may only be found negligent of independent contractors if they are found to be acting under the discretion of the hospital. If the professional was represented to be an employee of the hospital the patient may also be able to sue the hospital.
Errors in Medical Devices
The 21st century and modern technology have brought new and specialized equipment to help treat patients. However, even advanced devices that are regularly used may result in an error which can lead to medical complications. If there are defects in medical devices, you may be able to file a claim against the manufacturer or medical professional.
Diagnosis Mistakes
The diagnosis process is a long and complicated process and often has serious implications for the rest of a patient's life. In some cases, a medical professional may act intentionally or unintentionally to misdiagnose a patient. If they delay a diagnosis, the patient may continue to suffer or fail to receive proper medical care in a time of need. Medical cases such as cancer, tumors, and infections are often diagnosed too late and may cause significant injury to the patient. If you want to file a claim against a medical professional for a diagnosis mistake, you must be able to prove negligence.
Mistakes during diagnoses can include a multitude of factors. If a doctor does not listen to the patient if they have a concern, question, or comment, it may lead to complications. If the complications lead to injury to the patient, the doctor may be held liable. In some cases, doctors ignore the symptoms of a patient and it could make the injury worse. In some medical diagnosis mistakes the doctor may fail to see the symptoms of a patient. Although doctors are taught to look for certain symptoms, they may miss something that can lead to an injury. In this case, the doctor may be held liable for medical malpractice.
Doctors often look at the medical history of patients to determine different courses of action during a procedure. If medical history is not viewed, the doctor may have difficulty treating the patient in the appropriate manner. They may miss certain things such as if the patient has an allergy or is taking certain medication that have side effects. Many doctors order tests for patients based on symptoms. If a test is ordered and alerts the patient to a failed diagnosis, then it may lead to further injuries for the patient.
Interpreting A Test Incorrectly
Each year millions of patient tests are completed in hospitals across the United States. Doctors are responsible for reviewing these tests and properly analyzing them. Once analyzed, they report the results to the patient and recommend the next course of action. If a doctor fails to read the result of the test correctly, it may be considered negligence. Any injury or sickness that results from the error could be claimed as damages. If a doctor diagnoses a patient with a certain illness after a misread test, they may be held liable for any losses or damages.
Negligence After an Operation
Negligence after an operation or postoperative care can happen after a treatment or surgery. Typically, after a procedure, the medical professionals are left to monitor and care for the patient. They usually treat minor injuries, give them medicine, and care for their basic needs. If the medical professionals hinder the healing process or fail to provide adequate care, the patient may be able to file a medical malpractice lawsuit for negligence.
What Constitutes a Medical Malpractice Lawsuit?
These factors are most commonly seen and used as proof in medical malpractice lawsuits:
Patient and Medical Professional Relationship
Proof of a relationship with the doctor is of the utmost importance in medical malpractice cases. The patient must have hired the medical professional, and the professional must have agreed to work for the patient. Consequently, a doctor can only be sued for malpractice within the confines of their contracted employment.
Duty of care
Medical practitioners must fulfill their jobs’ duties in line with the accepted standards of the medical community. They have a legal obligation to treat their patients in the same manner as another medical practitioner in the same area of expertise and circumstances would.
Fail to Provide Duty of Care:
Doctors and nurses work by a standard of care that is globally accepted in the industry of health. They must treat patients with certain standards and if they violate these standards, they fail to provide the duty of care they are required to ensure.
Prove the Claim:
In order for the claim to be valid, patients must be able to prove causation. They must show the court that they were injured or hurt because of a result of negligence. If the case is a breach of duty, they must show how it was breached. Our attorneys can assist you research medical documents, records, and explore witness testimony in-order to prove your claim.
Damages
Following an injury, the patient must be able to prove negligence. After negligence is shown, the patient must then prove that there were damages as a result of the negligence. You may not be able to file charges if the result of the negligence did not cause any additional pain or financial loss. However, if you did experience additional pain and suffering or financial bills, then you may be eligible for compensation.
Medical Malpractice Damages
Damages are awarded in order to provide compensation for the patient for their injuries that resulted from the negligence of a medical professional. This compensation attempts to restore the patient to a normal life, with compensation for both economic and non-economic losses. Some examples of damages include:
Medical Expenses
Medical expense damages include doctor visits, hospital stays, physical and occupational therapy, prescription medications, and assistive devices such as wheelchairs. If the injury is permanent or detrimental, the patient may be awarded compensation for future medical expenses as well.
Lost Wages
If a patient has taken substantial time off work to recover from their injuries resulting from the medical malpractice, they may be able to receive compensation for lost wages.
Loss of Earning Capacity
If a patient is unable to earn the same wage or salary that they received before the incident, they may be compensated for the difference.
Pain and suffering
Physical and mental pain as a result of a medical malpractice is common. Those who have experienced pain and suffering following an injury may be eligible for financial compensation. The most common pain and suffering examples are physical pain or mental pain such as depression and anxiety.
Loss of consortium:
If a loved one passed away as a result of a wrongful death, the surviving member of the family may be able to make a claim for financial compensation. Following a wrongful death case, you may be able to claim compensation for loss of companionship or love and potential monetary losses as a result of the death.
More Damages
There are a multitude of other damages that you may be entitled to make a claim for. These can include loss of a loved one, financial compensation for a disability as a result of a medical malpractice, and loss of support from a spouse or parents. In more rare cases, doctors and medical professionals may act with gross negligence which is when they act intentionally to cause harm or have malicious intent.
What are the Responsibilities of a Medical Malpractice Attorney?
Medical malpractice lawsuits are complex and different than other personal injury lawsuits, since they require knowledge of both law and medicine. Thus, you should seek an attorney who is well-informed in both fields. Overall, they should have a good grasp on the field of medicine, be able to read through and understand complex medical records, and be aware of what questions to ask and what experts to consult. Most importantly, the attorney should be able to predict and respond appropriately to the defendant’s lawyers.
Once you have your attorney, they should be able to help you review information to establish if you have a claim; collect additional evidence and determine the value of your claim; decide which parties could be held liable; assist with understanding your options and legal rights; and handle technical aspects of the court.
Our attorneys at Nation Lawyers can expertly prepare, present, and illustrate evidence to a jury; articulately rebut defense claims; and use positive evidence to support your case, and avert negative and unfavorable data.
Medical Malpractice Statute of Limitations
The statute of limitations for medical malpractice cases varies by state. Different laws permit different timelines for when someone can make a medical malpractice claim. If the claim is not filed within a certain deadline, the individual may not be eligible for compensation. Certain cases of fraud and major injuries may extend the period to file a lawsuit. We recommend you contact Nation Lawyers as soon as possible to ensure that your claim is filed in time.
Call us today at 954-280-2000 or fill out our online contact form to setup a free consultation at a time that works best for you.
