Get Legal Help With a Medical Malpractice Issue
If you have suffered a personal injury due to negligent medical treatment from a healthcare provider, you know how traumatic the experience can be. Victims of medical malpractice are often in a weakened physical and mental state, making it difficult for them to assess their situation clearly. Patients who have experienced medical negligence may be able to file a medical malpractice claim against their doctor or hospital.
Medical negligence occurs when a doctor breaches their duty of care owed to the patient and the injured patient suffers harm as a result. The harm a doctor can cause usually falls into one of these categories:
- Misdiagnosis or a delayed diagnosis
- Medication errors
- Surgical errors
- Birth injuries
- Wrongful death
Since medical malpractice law can be complicated, it is important to seek assistance from a professional who is experienced in handling medical malpractice cases. An experienced legal team will be able to assess a serious injury and assert your rights on your behalf.
How a Medical Malpractice Attorney Can Help
Even if you are unsure if your injury was the result of medical malpractice, you should speak with an attorney who can help you assess your situation and explain your legal rights. A lawyer will be able to determine if the doctor used the proper accepted standards during your treatment.
You may have a medical malpractice claim if a healthcare professional caused an injury due to:
- Failed or erroneous diagnosis or treatment
- Gross negligence
- Lack of informed consent
- Unauthorized treatment
- Breach of doctor-patient confidentiality
Your rights are governed by the state you live in or the state where you were injured. An experienced attorney can determine which law applies.
As a victim of medical malpractice, you have the right to take legal action against any and all parties that are responsible for your injury. They may be individual medical care providers, doctors, anesthesiologists, pharmacists, medical device manufacturers, healthcare management companies, insurance companies, or government agencies. A medical malpractice attorney will determine who was legally at fault and work to recover your damages.
Your damages may include:
- Medical expenses and medical bills (past and future)
- Physical and mental pain
- Loss of enjoyment of life
- Cost of hiring help for household services
- Loss of consortium (the loss of care, affection, and intimacy)
- Loss of companionship
- Loss of earning capacity
- Lost wages from time spent away from work
- Attorney's fees
- Punitive damages
Your attorney will collect the facts, assess the applicable law, and create a legal strategy ideally suited to your unique situation. A medical malpractice attorney also interviews witnesses, collects records, confers with expert witnesses, and negotiates with insurers and opposing counsel.
What You Can Do To Help
Before you have retained an attorney, there are a few actions you can take to aid your case. For example, you could:
- Contact your doctor and the medical licensing board
- Obtain a medical assessment (i.e. second opinion)
- Figure out the statute of limitations (time limitation) for filing your claim
If you are unsure or confused about how to proceed with the above, it is best to contact an attorney as soon as possible in order to ensure your claim is protected.
Your attorney will also need a great deal of information from you, so begin collecting documents such as:
- Medical records
- Mental health records
- Prescription medicine Information
- Insurance company information
- Hospital and medical provider invoices and bills
- Evidence of lost wages
Find an Experienced Medical Malpractice Attorney
If you or a loved one has been injured as the result of a medical professional's negligence, you may want to consult with a medical malpractice lawyer.
Seeking legal advice from an attorney with experience in medical malpractice claims is important. Medical malpractice lawsuits are often very complex. They require expert testimony from a medical expert and often involve multiple plaintiffs. Most attorneys provide free case evaluations to determine if your case is worth filing in court.
Find a medical malpractice attorney located near you.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified medical malpractice attorney to make sure your rights are protected.